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HomeMy WebLinkAboutSunset Beach Community Association - SBCA - Memorandum of Un 4- Council/Agency Meeting Held:_ Deferred/Continued to: [A ,pproved _ ❑ onditiont Ap, r�mac,❑ Denied .S.a- �`Citoer 's S-ignatur = Council Meeting Date: r� November 15, 2010 Department ID Number: AD10-033 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Administrator PREPARED BY: Paul Emery, Deputy City Administrator SUBJECT: Approve the Memorandum of Understanding (MOU) between the - Sunset Beach Community Association (SBCA) and the City, the Pre- Annexation Agreement between the County of Orange and the City, and adopt Resolution No. 2010-97 approving the Property Tax Exchange Agreement between the County of Orange and the City for the Annexation of Sunset Beach into the City of Huntington Beach Statement of Issue: On August 2, 2010, the City Council directed staff to prepare all the necessary documents for the application to the Orange County Local Agency Formation Commission (LAFCO) for annexation of the unincorporated County of Orange community of Sunset Beach. Financial Impact: The fiscal impact of the annexation was reviewed at the August 2, 2010, City Council meeting. Before any expenditures for services are rendered, City staff will return with a FY 2010/11 budget amendment recognizing anticipated revenue and appropriating funds for expenditure. Recommended Action: Motion to: A) Approve and authorize the Mayor and City Clerk to execute the Memorandum of Understanding between the City of Huntington Beach and the Sunset Beach Community Association in substantially the same form as presented; and, B) Approve and authorize the Mayor and City Clerk to execute the Pre-Annexation Agreement between the City of Huntington Beach and the County of Orange in substantially the same form as presented; and, C) Adopt Resolution No. 2010-97, "A Resolution of the City Council of the City of Huntington Beach Approving a Property Tax Exchange Agreement Between the City of Huntington Beach and the County of Orange Regarding the Sunset Beach Annexation to the City of Huntington Beach;" and, D) Authorize the City Administrator to execute all other documents in furtherance thereof. HB -109- Item 14. - 1 REQUEST FOR COUNCIL ACTION MEETING DATE: 11/15/2010 DEPARTMENT ID NUMBER: 10-033 Alternative Action(s): Do not approve the recommended actions and direct staff accordingly. Analysis: At the June 7, 2010, City Council study session, the Council was presented the results of the Sunset Beach Annexation Study that was completed by the consulting firm Ralph Andersen and Associates. The results of the study concluded that the annexation was fiscally feasible. At the August 2, 2010, regularly scheduled City Council meeting, the City Council directed staff to prepare all the necessary documents required for application to the Orange County Local Agency Formation Commission (LAFCO) for annexation of the unincorporated County of Orange community of Sunset Beach. At the October 18, 2010, regularly scheduled City Council meeting, the City Council approved the environmental documentation, General Plan Amendment, Zoning Text Amendment, Zoning Map Amendment and Local Coastal Plan Amendment for the annexation of the unincorporated County of Orange community of Sunset Beach. Three additional actions are requested of the City Council: 1) Approval of a Memorandum of Understanding (MOU) between the Sunset Beach Community Association (SBCA) and the City of Huntington Beach (Attachment 1) and, 2) Approval of a Pre-Annexation Agreement between the County of Orange and the City of Huntington Beach (Attachment 2) and, 3) Adoption of a Resolution approving the Property Tax Exchange Agreement between the County of Orange and the City of Huntington Beach (Attachment 3). The MOU between the SBCA and the City delineates City responsibilities and SBCA responsibilities, and terms under which the Annexation will take place. The items in the MOU include issues relative to Sunset Beach identity, the Local Coastal Plan, parking, beach hours, short term rentals, and capital projects among others. City staff and Council liaisons have met with the SBCA Transition Committee to review and develop these terms. The Community Association has yet to finalize the associated MOU, City Council is requested to authorize execution in substantially the same form as presented subject to minor modifications proposed by the Community Association. The Pre-Annexation Agreement between the County of Orange and the City outlines the property tax exchange, the provision for two years of funding for Ocean Lifeguard Services, the transfer of beach maintenance equipment, the responsibilities of the County relative to Utility Undergrounding projects and capital projects, and the provision for land use authority during the interim period between annexation and Coastal Commission approval. City staff has met with County staff to develop these terms. The County of Orange has yet to finalize the associated agreement, City Council is requested to authorize execution in substantially the same form as presented subject to minor modifications proposed by the County of Orange. Item 14. - 2 HB -110- REQUEST FOR COUNCIL ACTION MEETING DATE: 11/15/2010 DEPARTMENT ID NUMBER: 10-033 The Property Tax Exchange Resolution identifies the transfer of tax revenues that are property related consistent with the Master Property Tax Agreement approved in 1980. In addition the transfer agreement provides the City with 100% of the Structural Fire Fund and 100% of the Library funds generated in the annexed areas. Upon approval of these three documents, it is requested that the City Council authorize the City Administrator to execute all necessary documents in furtherance thereof including the Local Agency Formation Commission application. Environmental Status: N/A Strategic Plan Goal: Maintain financial viability and our reserves Attachment(s): 1. Memorandum of Understanding Between the City of Huntington Beach and Sunset Beach Community Association 2. Pre-Annexation Agreement by and between the City of Huntington Beach and the County of Orange 3. Resolution No. 2010-97, "A Resolution of the City Council of the City of Huntington Beach Approving a Property Tax Exchange Agreement Between the City of Huntington Beach and the County of Orange Regarding the Sunset Beach Annexation to the City of Huntington Beach" HB -111- Item 14. - 3 ATTACHMENT # 1 Item 14. . 4 nA -112- MEMORANDUM[ OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH AND SUNSET BEACH COMMUNITY ASSOCIATION This MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California("CITY") and SUNSET BEACH COMMUNITY ASSOCIATION, a California non- profit public benefit corporation ("SBCA"), by and through its officers and directors. The CITY and SBCA are collectively referred to herein as the "Parties." RECITALS This MOU,is made with reference to the following facts: 1. Pursuant to action taken by the Local Agency Formation Commission of Orange County ("LAFCO"), unincorporated land within the County of Orange ("COUNTY") north of the CITY limits, known as Sunset Beach, is proposed to be annexed to the CITY (the "Annexation"), pending submission by CITY of an annexation application and LAFCO proceedings taken thereon. The Annexation area, including its residents, property owners and business owners, shall be known as the "Sunset Beach Community;" and 2. CITY and LAFCO propose to conduct the Annexation pursuant to Government Code §56375.3 (the "island annexation" provisions of the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, Government Code §§56000 et seq.) without a vote or the right of protest by the citizens of the Sunset Beach Community; and 3. CITY has met with representatives of SBCA to discuss the terms under which the Annexation will take place, including certain terms of a proposed Sunset Beach Specific Plan ("Specific Plan"), and to address concerns of the Sunset Beach Community regarding the Annexation; and 4. CITY and SBCA recognize and agree that there are differences between the CITY and the Annexation area, including historic Sunset Beach Community identity and character, and geographical differences which arise from the fact that the Sunset Beach Community has developed and exists on and immediately adjacent to the beach, while the CITY has developed across from and separated by the Pacific Coast Highway, which distinguish the Sunset Beach Community from the CITY, and which should be encouraged and perpetuated; and 5. CITY and SBCA desire to enter into this MOU agreement to clarify the future respective obligations of CITY and SBCA during and following the Annexation process, such that the goals of the Parties will be attained. NOW, THEREFORE, for and in consideration of the promises and covenants hereinafter set forth and intending to be legally bound thereby, the Parties covenant and agree as follows: -1- AGREEMENT I. OBLIGATIONS OF THE PARTIES A. CITY Obligations 1. Sunset Beach Identity. CITY shall maintain the identity of the Sunset Beach Community by using the name "Sunset Beach" on prominently positioned signage at the Sunset Beach entryways, mapping, public documents, the Sunset Beach Specific Plan, and in the Local Coastal Program ("LCP") Land Use Plan for Sunset Beach. Any existing signage will remain substantially as it is at the time of Annexation and shall be maintained by the CITY following the Annexation; and any future monument signage at community entryways will clearly identify the area as Sunset Beach. 2. Addresses and Mail Delivery. Except as set forth below, CITY shall maintain all current street names and addresses in the Sunset Beach Community, and CITY shall actively support the retention of the Sunset Beach zip code and postal delivery and designation for Sunset Beach in place prior to the Annexation. 3. Recognition of Legal Non-Conforming Structures and Uses. CITY shall recognize and approve existing legal non-conforming structures and uses in the Sunset Beach Community, which were permitted and approved by the COUNTY prior to the Annexation. Such uses may be altered, expanded and reconstructed pursuant to the City of Huntington Beach Sunset Beach Specific Plan. 4. 1990 Local Coastal Program ("LCP") Specific Plan Goals, Policies and Standards. Except as set forth below, the CITY shall adopt and maintain the goals, policies and standards of the existing 1990 Sunset Beach Local Coastal Program Specific Plan (the "LCP") for the Sunset Beach Community, as modified with changes discussed and mutually approved in writing by the CITY and the SBCA Transition Committee prior to the submission of CITY's Annexation application to LAFCO. 5. Sunset Beach LCP, Sunset Beach Specific Plan and Municipal Code Amendment. CITY agrees, within thirty (30) days following submission of CITY's Annexation application to LAFCO, to initiate the following actions, which shall be completed within a reasonable time but not later than one hundred and eighty (180) days following completion of the Annexation: a. LCP Advisory Board. Amendment of the City of Huntington Beach Municipal Code ("Municipal Code") to retain the Sunset Beach LCP Advisory Board ("Advisory Board") and associated duties. The Advisory Board shall consist of Sunset Beach business owners, property owners and/or residents. b. Greenbelt/Parking Area. Amendment of the Sunset Beach Specific Plan and LCP to provide for retention of the public land use designation for the -2- greenbelt/parking area, in the configuration and as it exists on the effective date of this MOU unless agreed upon by the Parties to expand the greenbelt area by removing parking spaces, and identification of the area as an open space feature for use consistent with that in effect at the time of Annexation, in the CITY's General Plan Recreation and Community Services Elements, the Municipal Code and the LCP Land Use Plan designation of green space, tot lots, and walking paths. C. Waterway and Beach Encroachments. Amendment of the Municipal Code as appropriate to recognize the LCP regulations for encroachments for waterways and the beach. d. Sunset Beach Parking. Amendment of the Municipal Code to adopt and enforce a parking and parking permit policy for Sunset Beach, in substantially the same form and content as the existing COUNTY regulations, including provisions for signage, permits and regulations for parking in the right of way in front of garages. The parking permit fees shall remain at the same level as they are on the effective date of this MOU, for a period of at least five (5) years thereafter. e. Business Regulations. Amendment of the Municipal Code to prohibit the establishment of marijuana dispensary related businesses, methadone related businesses, and drug and alcohol rehabilitation related businesses in Sunset Beach. f. Priority Use of Sunset Beach Public Facilities. CITY shall adopt regulations which give preference in the use of Sunset Beach public facilities to the activities of Established Sunset Beach Non-Profit Groups, including, but not limited to, SBCA, Las Damas and the Sunset Beach Women's Club. Permits for use may be required, but any municipal fees for such use shall be waived for Established Sunset Beach Non-Profit Groups. For purposes of this MOU, "Established Sunset Beach Non-Profit Groups" shall be limited to those non-profit associations or groups that have, as of the effective date of this MOU, designated Sunset Beach as their principal place of business or organization. g. Beach Hours and Use. CITY agrees to maintain Sunset Beach hours of 6:00 a.m. to 10:00 p.m., seven (7) days a week; restricted use similar to that in effect for Sunset Beach at the time of Annexation, and parking in the Warner public parking lot hours of 7:00 a.m. to 10:00 p.m., seven (7) days a week. h. Short Term Rentals. CITY shall allow short term rentals in the Sunset Beach Community subject to a conditional use permit and coastal development permit as applicable. 6. LAFCO Annexation Proceedings and Conditions of Annexation. CITY shall, pursuant to the Annexation Agreement between CITY and COUNTY, confirm that the Pacific Coast Highway Southern California Edison ("Edison") Rule 20A Underground Utilities funds will remain under COUNTY jurisdiction, and that COUNTY shall fund and implement the engineering study for the Bayview/Park Avenue Underground Utilities Plan, and complete the work with the designated Edison Rule 20A funds. -3- 7. Completion of Road Work Initiated By COUNTY Prior to Annexation. CITY shall, in the Annexation Agreement between CITY and COUNTY, confirm that street and alley repaving projects in the Sunset Beach Community, currently designated and funded by the COUNTY through its Capital Improvement Program are timely completed by COUNTY. 8. Fire Station No. 3. CITY agrees that should Fire Station No. 3 (the "Fire Station") in the future come under CITY ownership and/or control, preference in use of the Fire Station shall be given to Sunset Beach Community groups, activities and residents according to rules and regulations recommended by the SBCA for adoption by the CITY. 9. Beach Pro rg ams. Recognizing the direct intrusion and invasion of privacy such programs create to the residents of Sunset Beach, CITY agrees not to permit junior lifeguard, surf camp or similar beach programs on Sunset Beach, and shall not extend or enter into a new agreement for any existing Junior Lifeguard Program on Sunset Beach beyond two years from the date of execution of this MOU. 10. Prioritization of Sunset Beach Capital Projects and Improvements. CITY shall, with the assistance of the SBCA, prioritize a listing of Sunset Beach Community capital projects, as part of CITY's Capital Improvement Program. CITY shall also actively pursue grant funding opportunities for bridge repair and drainage improvements, such as repair of the Broadway Bridge and resolution of flooding problems on Park/PCH, Bayview Drive, 14th Street and 15`h Street, planting of the medians along the Pacific Coast Highway through Sunset Beach, and other capital improvement needs as determined and recommended by the SBCA. 11. CITY Committee. CITY shall formalize and maintain in effect the Sunset Beach Area Council Commission ("SBACC") as a standing committee of the City Council to meet regularly with the SBCA and the Sunset Beach Community to discuss issues affecting Sunset Beach, including, but not limited to, the following: a. Any proposed changes to Sunset Beach Community identity signage, street names, postal designation or addresses; b. Any proposed zone change or amendment to the CITY's General Plan and Municipal Code affecting Sunset Beach, the Sunset Beach Specific Plan or the LCP for Sunset Beach; C. On an annual basis, make recommendations to the City Council for prioritization and funding of capital projects to benefit the Sunset Beach Community; and d. Any proposed change in municipal services to the Sunset Beach Community, including, without limitation, local sewer service, cable service, and solid waste hauling service. The meetings of the SBACC shall be subject to the provisions of the Brown Act (Government Code §§54950 et seq.). -4- 12. Annexation/Acquisition of Sunset Beach Sanitary District. CITY agrees to recognize the Sunset Beach Sanitary District as the local sewer and trash provider for the Sunset Beach Community, and that for a period of at least fifty (50) years CITY shall not initiate annexation and/or acquisition of the Sunset Beach Sanitary District, unless agreed to by the Parties. B. SBCA Obligations 1. SBCA shall not, through its officers and directors, object to the Annexation proceedings. 2. SBCA shall, through its officers and directors, be included in the CITY's negotiations with the COUNTY, the California Coastal Commission and the LAFCO, in support of the implementation of the terms of this MOU. 3. SBCA shall, through its officers and directors, assist CITY with the facilitation of a smooth transition during the Annexation process. 4. To the extent CITY is in compliance with all terms and conditions of this MOU, SBCA will not initiate, promote, or assist with any litigation against the LAFCO or the CITY challenging the validity of the Annexation. II. GENERAL PROVISIONS A. Assignment. Neither party shall encumber, assign, or otherwise transfer this MOU, or any right or interest in this MOU, without the express written consent of the other party. A consent by a party to one assignment or transfer to another person shall not be deemed to be a consent to any subsequent assignment or transfer to another person. Any encumbrance, assignment or transfer without the prior written consent of the other party, whether it be voluntary or involuntary, by operation of law or otherwise, is void and shall, at the option of the other party, terminate this MOU. B. Successors and Assigns. All the terms, covenants and conditions of this MOU shall inure to the benefit of and be binding upon the Parties and their successors and assigns. The terms, covenants and conditions of this MOU shall be binding on the officers and directors of SBCA in the performance of their corporate duties, and not as individuals. The provisions of this Section shall not be deemed as a waiver of any of the conditions against assignment hereinbefore set forth. C. Conflict of Interest. SBCA shall employ no CITY official nor any regular CITY employee in the work to be performed pursuant to this MOU. No officer or employee of CITY shall have any financial interest in this MOU in violation of any applicable provisions of State Law, including particularly the Political Reform Act(Government Code §§87000 et seq.; and 2 Cal. Code of Regs. §§18700 et seq.). -5- D. Cumulative Remedies. The remedies given to the Parties in this MOU shall not be exclusive, but shall be cumulative and in addition to all remedies now or hereafter allowed by law or elsewhere provided in this MOU. E. Waiver of Breach. The waiver by one party of any breach by the other party of any of the provisions of this MOU, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such breach or a waiver of any subsequent breach either of the same or another provision of this MOU. F. Force Maieure—Unavoidable Delay. Should the performance of any act required by this MOU to be performed by either CITY or SBCA be prevented or delayed by reason of an act of God, strike, lockout, labor dispute, inability to secure materials, restrictive governmental laws or regulations, or any other cause (except financial inability) not the fault of the party required to perform the act, the time for performance shall be extended, but not released, for an equivalent term of the unavoidable delay. G. Ability to Perform. Each party represents and warrants to the other party that it has the ability to carry out the obligations assumed and promised hereunder, and is not presently aware of any pending event or legal constraint which would, or could, hamper, hinder, delay or prevent its timely performance of such obligations. H. Further Acts and Amendments. Each party to this MOU agrees to perform all further acts and execute all further documents necessary to carry out the intent and purposes of this MOU. 1. Notice. Any written notice given under the terms of this MOU shall be either delivered personally or mailed certified mail,postage prepaid, addressed to the party concerned, as follows: CITY: SBCA: City of Huntington Beach Sunset Beach Community Association 2000 Main Street P.O. Box 215 P.O. Box 190 Sunset Beach, CA 90742 Huntington Beach, CA 92648 If a party desires to change the address for notice set forth herein, said party will provide 30 days' advance written notice to the other party of any such change. J. Attorneys' Fees. In the event of any litigation to enforce the terms and provisions of this MOU, each party shall bear its own costs and attorneys' fees, and the prevailing party shall not be entitled to an award of attorneys' fees against the non-prevailing party unless the court determines as a matter of law that the prevailing party is entitled to an award of attorneys' fees pursuant to the provisions of Code of Civil Procedure §1021.5 or other equitable benefit attorneys' fees provision. -6- K. Controlling Law and Venue. The rights and liabilities of the Parties, and the interpretation and construction of this MOU, shall be determined in accordance with the laws of the State of California. Any controversy arising out of or under this MOU, if litigated, shall be adjudicated in a court of competent jurisdiction in Orange County, California. L. Section Readings. The captions, subject, section and paragraph headings in the MOU are included for convenience and reference only. They do not form a part hereof, and do not in any way modify, interpret or reflect the intent of the Parties. Said headings shall not be used to construe, limit or interpret any provision of this MOU. M. Time of the Essence. Time is of the essence with respect to all provisions of this MOU in which a definite time for performance is specified, including, but not limited to, the expiration of this MOU. N. Non-Liability of City Officials, Employees and Agents. No elective or appointed CITY or CITY affiliated board, commission or member thereof, or officer, employee or agent of CITY shall be personally liable to SBCA, its successors and assigns, for any default or breach by CITY under this MOU, or for any amount which may become due to SBCA, its successors and assigns, under this MOU or for any obligation of CITY under this MOU. O. _Non-Liability of SBCA Officers or Directors. No officer or director of SBCA shall be personally liable to the CITY, its successors and assigns, for any default or breach by SBCA under this MOU, or for any amount which may become due to CITY, its successors and assigns, under this MOU or for any obligation of SBCA under this MOU. P. Entire Agreement. This MOU contains and embraces the entire agreement between the Parties hereto and neither it nor any part of it may be changed, altered, modified, limited or extended orally or by any other agreement between the Parties unless such agreement be expressed in writing, signed and acknowledged by CITY and SBCA or their successors in interest. Q. Severability. Each provision of this MOU is separate, distinct, and severable from the others. If any provision is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this MOU shall remain in full force and effect, unimpaired by the holding, so long as the reasonable expectations of the Parties hereto are not materially impaired. R. Counterparts. This MOU may be executed in any number of counterparts, each of which shall be deemed one and the same instrument. S. Effective Date. The effective date of this MOU is the last date upon which it is executed by all Parties. IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be executed by and through their authorized representatives, on l)�/G-7 , 2010. -7- SUNSET BEACH COMMUNITY CITY OF HUNTINGTON BEAC , ASSOCIATION, a California nonprofit California municipal corpor ' n public benefit corporation By: By: 7IC It i c I V, President ( _1 ,�. d�°®� Mayor By: ATTEST- Vice-President a Clerk APPROVED AS TO FORM: By: City Attorney Treasurer By: &cr,,411V2,11 T�r� M'C r wi A< k, Secretary -8- ATTACHMENT #2 PRE-ANNEXATION AGREEMENT by and between CITY OVHUNTINGTON BEACH and COUNTY OF ORANGE PRE-ANNEXATION AGREEMENT BY AND BETWEEN COUNTY OF ORANGE AND CITY OF HUNTINGTON BEACH THIS PRE-ANNEXATION AGREEMENT ("Agreement"), is entered into by and among the COUNTY OF ORANGE ("County"), and the CITY OF HUNTINGTON BEACH ("City") (collectively referred to as the "Parties" herein). 1. RECITALS OF PREMISES, PURPOSE AND INTENT 1.1 Background 1.1.1 On July 8, 2009, the ORANGE COUNTY LOCAL AGENCY FORMATION COMMISSION ("LAFCO") approved the update of Huntington Beach's Sphere of Influence to include the unincorporated area of Sunset Beach. The community is substantially surrounded by the City of Huntington Beach to the north, east, and south. It is bordered predominately by the Pacific Ocean to the west. 1.1.2 On June 29, 2010, the City of Huntington Beach filed an application with LAFCO to annex the unincorporated community of Sunset Beach. The draft application requests LAFCO to consider annexation of approximately 110 acres of inhabited territory to the City of Huntington Beach. 1.1.3 On August 2, 2010, the City of Huntington Beach City Council approved the preparation of all the necessary documents required for application to LAFCO for annexation of the unincorporated County of Orange community of Sunset Beach. 1.1.4 The County and the City enter into this Agreement with reference to the proposed annexation by the City of the County of Orange community of Sunset Beach which is within City's sphere of influence. 1.1.5 Revenue and Taxation Code Section 99 provides that prior to the effective date of any jurisdictional change, the affected agencies of such change shall negotiate the amount of property tax revenues to be exchanged. 1.1.6 The City and County have met and negotiated both a property tax exchange and other consideration upon recordation of the annexation. 1.1.7 The County has adopted, and the California Coastal Commission has approved or certified, the Sunset Beach Specific Plan/Local Coastal Program (LCP), Land Use Plan (LUP) and other documents governing development in Sunset Beach which is subject to the Coastal Act ("Coastal Zone Area"). Under the circumstances present in this case, it is appropriate for the County to retain, for an interim period, jurisdiction to issue coastal development permits for the Coastal Zone Area subsequent to City's annexation of the Sunset Beach community, unless the Coastal Commission asserts independent permitting authority. -1- 1.1.8 In order to maintain continuity of services and avoid public confusion while the City seeks approval for adding the Sunset Beach area to the City's Local Coastal Plan (LCP), following annexation, the City and County shall set forth a reasonable, equitable and fair arrangement for the application of Land Use Regulations in the area annexed and for the continued processing of projects. The City has requested to contract planning services with the County until the California Coastal Commission (Coastal Commission) has approved adding Sunset Beach into the City's LCP. 1.1.9 The City and County are public entities possessing the common power to review and approve applications for administrative and ministerial permits for development, including subdivision maps, conditional-use permits, grading permits and building permits, and other approvals related to the development of real property. The City and County also have the common power to accept dedications, impose exactions, and to develop and maintain recreational and public facilities pursuant to provisions of State and/or local law. Government Code Sections 51300, et seq., authorize a county to contract for the performance of municipal functions common to both agencies by county officers and employees. This Agreement fully complies with all State statutory and constitutional provisions related to the transfer of municipal functions from a city to a county. 1.2 Purpose The purpose of this Agreement is to provide more efficient provision of municipal services to Sunset Beach. The parties have determined that annexation of Sunset Beach would benefit both the City and Sunset Beach. Policies of the LAFCO favor the annexation of unincorporated areas so as to encourage the orderly and efficient provision of municipal services. The City has the capacity to provide all required municipal services to Sunset Beach. The annexation of Sunset Beach to the City will also be of an economic benefit to the City, including increased property and sales tax revenues. 1.3 Environmental Review The City shall act as lead agency for the Sunset Beach reorganization (Orange County LAFCO Application IA 10-05 and shall be responsible for preparation of all environmental documentation required under CEQA thereto. 2. DEFINITIONS For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires: 2.1 "City"means the City of Huntington Beach,California. 2.2 "Code"means the Huntington Beach Municipal Code. 2.3 "Community" means the approximately 134 acres of Sunset Beach. The legal description of Sunset Beach is set forth in Exhibit A, and a depiction of Sunset Beach is set forth in Exhibit B. -2- 2.4 "Council"or"City Council"means the City Council of the Huntington Beach. 2.5 "County"means the County of Orange. 2.6 "Director"means the Director of Planning of the City. 2.7 "Effective Date" shall be the date of recordation of the LAFCO Resolution approving the Annexation. 2.8 "Interim Period" is defined as the period between the effective date of annexation and approval by the California Coastal Commission of the transfer of Local Coastal Plan authority to the City of Huntington Beach. 2.9 "LAFCO"means the Orange County Local Agency Formation Commission. 2.10 "Land Use Authority" means the power and authority to accept applications for, process, review, approve conditionally approve, modify, amend and/or disapprove any and all land use entitlements, building permits and development approvals. "Land Use Authority" also includes the authority and right to inspect any construction work and improvement as normally conducted by a city to determine compliance with any development approval, and to issue a final clearance or certificate of occupancy. 2.11 "Land Use Regulations" includes all applicable laws, statutes, ordinances, regulations and official policies governing or related to the permitted uses of land, the density or intensity of use, the needed parking, patio/open space and year requirements, the maximum height and size of proposed buildings, the conversion of apartments to condominiums, the subdivision requirements, all of the adopted Building Codes, the inclusion of affordable housing units, reservation or dedication of land for public purposes, exactions, and the design, improvement and construction standards and specifications applicable to the County's Sunset Beach Specific Plan/Local Coastal Plan. 2.12 "Local Coastal Plan" means the County's Sunset Beach Specific Plan/Local Coastal Plan. 2.13 "Proceeding" means any threatened, pending, or compiled claim, cause of action, civil liability, action, suit, arbitration, alternate dispute resolution process, investigation, administrative hearing, appeal or any other proceeding, whether civil, criminal, administrative, investigative.or any other type whatsoever 2.14 "Zoning Ordinance" means the Huntington Beach Zoning and Subdivision Ordinance as it exists on the Effective Date. 3. TERMS AND CONDITIONS 3.1 Terms & Conditions. Based on the foregoing and in consideration of the parties' mutual agreements and promises hereinafter set forth, the sufficiency of which is hereby acknowledged, the parties agree as follows -3- 3.1.1 Property Tax Exchange. Upon completion of the annexation of Sunset Beach by the City, the City and County agree to the following exchange of property tax revenue: 3.1.1.1. The property taxes generated from the annexation area will be exchanged in the same proportions as set out in Master Tax Agreement 80-2093 between the City and the" County dated October 28, 1980; to wit: the City will receive 55.9617 percent and the County will receive 44.0383 percent; and 3.1.1.2. The City will receive one hundred percent (100%) of the Structural Fire Fund and Library Fund generated from the annexation area. 3.1.2 Ocean Lifeguard Services. Upon completion of the annexation of Sunset Beach by City, County shall assign and City shall accept County's Ocean Lifeguard Services contract. After such assignment, the County shall have no further duties or obligations under the Ocean Lifeguard Services contract. County shall provide City funding of the Ocean Lifeguard Services contract for a period of two (2) years_ City shall be responsible to administer the Ocean Lifeguard Services contract for Sunset Beach. The assignment of the Ocean Lifeguard Services contract shall be implemented through the attached Assignment, Novation and Consent Agreement in Exhibit C. 3.1.2.1 County shall provide funding to the City in an amount equal to two (2) years of funding for the Contract. Upon execution of this Agreement, City shall submit an invoice to County for the two (2) years of funding and County shall pay said invoice within ninety(90)days of submittal. 3.1.3 Beach Sanitizer. Upon the effective date of the annexation of Sunset Beach by the City, the County shall transfer ownership of County's Beach Sanitizer Unit 9155 (Fixed Asset No. 70461)to City at no cost to City_ 3.1.4 Utility Undergrounding Projects. The County has agreed to continue its work on two(2)utility undergrounding projects. 3.1.4.1 Rule 20A. The County agrees to continue to coordinate with Southern California Edison on their project to convert overhead utilities to underground facilities on Pacific Coast Highway through construction completion. 3.1.4.2 Underground Assessment District Project. The County agrees to provide.up-front funding to this project, in the form of a loan, for the cost of the Engineering Report and will be reimbursed with interest in the amount provided by law, by homeowner assessment fees, when approved by the residents without regard to whether such approval occurs before or after the date of annexation. Upon annexation, the City shall take over responsibility of the formation of the Assessment District and completion of the undergrounding project. If the formation of an Assessment District, has not been completed on the date of -4- annexation the City and County will enter into an agreement which will provide for transfer of the Assessment District process without regard to the status of the process on that date to the City as of the date of annexation. The agreement will provide for reimbursement of any funds the County may advance toward this project as well as interest on such sums in the amount provided by law, in the event that the residents approve the assessment. 3.1.5 Resurfacing Project. The County agrees to complete a pavement resurfacing or slurry project of specified streets and alleys in Sunset Beach subject to the completion of the Rule 20A Utility Undergrounding Project. If necessary, the City and County will enter into an agreement to address the completion of the project if it is not complete on the date of the recordation of the annexation. The specified streets are included as Exhibit D of the Agreement. 3.1.6 Broadway Bridge Repair. The County agrees to complete a spall repair project of the bridge, once necessary permits have been obtained. Should one be required, the City shall provide the County with any permit(s), at no fee or cost, for the project. A summary of the project is included in Exhibit D. 3.1.1 Land Use Authority. The City agrees to contract with the County, for an interim period, for planning services until the Coastal Commission approves City LCP authority for Sunset Beach. 3.1.7.1 The Parties, through this Agreement intend that the County have and exercise after annexation the same power, right and control over the administration, approval and implementation of land use, over the Sunset Beach community that the County exercised before annexation. The Parties also intend that the County shall exercise land use and other authority in substantial conformance with the Sunset Beach Specific Plan/Local Coastal Program in effect as of the Effective Date of this Agreement. 3.1.7.2 By this Agreement, the City transfers to the County, for the Interim Period, the power and authority to review, approve, conditionally approve, modify, amend and/or disapprove Development Approvals and Land Use Regulations with respect to the Sunset Beach community as set forth in the Sunset Beach Specific Plan/Local Coastal Program (Land Use Authority). This Land Use Authority includes routine code enforcement, the review and approval of all plans and specifications for development, the issuance of all grading and building permits, all inspections of structures and improvements, and the enforcement of ordinances relating to construction, grading, erosion control and site cleanup and occupancy. -5- 3.1.7.3 During the Interim Period, the County shall exercise Land Use Authority in substantial compliance with the provisions of the Sunset Beach Specific Plan/Local Coastal Program, conditions imposed by any State or local agency; and legally enforceable restrictions and limitations on development of the Property. 3.1.7.4 If, at any time after the recordation of the certificate of completion of the annexation of the Sunset Beach community, the City of Huntington Beach elects to assume coastal management responsibility for the Annexed Area, the city may begin preparation of a local coastal program for that area. The City of Huntington Beach may adopt provisions of the County of Orange's certified local coastal program that apply to the Annexed Area. 3.1.7.5 If the City of Huntington Beach obtains certification of a local coastal program for the Annexed Area, the city shall, upon the effective date of that certification, exercise all of the authority granted to a local government with a certified local coastal program, and the provisions of paragraph(3.1_7.4) shall become inoperative. 3.1.7.6 City agrees that County shall be entitled to charge, receive and retain all fees charged pursuant to the retention of Land Use Authority. County shall be entitled to charge, receive and retain all customary fees including planning application, building permit fees, grading fees, and inspection fees. The fees charged by the County shall be the County's sole consideration for all services performed and the exercise of all authority transferred pursuant to this Agreement. The fees charged by the County shall also be the County's sole consideration for the transfer of records as specified in this Agreement. 3.1.9 Records. The County and City shall use their best efforts to transfer property documents promptly so as to minimize delays in development of projects. Records shall be transferred electronically to the greatest extent possible. 3.1.9 County Officers. The County Executive Officer ("CEO") shall designate the County officers, employees and contractors that are to perform the services contemplated by, and exercise the authority contracted pursuant to, this Agreement. The Parties agree that the -6- CEO will designate the same officers, employees and contractors that have, prior to the effective date of this Agreement, been performing services or exercising powers related to Land Use Authority. 3.1.10 Transfer of Permits and Deeds. The County shall transfer and the City shall accept all valid landside and waterway encroachment permits, as well as quitclaim deeds for the Sunset Beach area (see Exhibit E), which will be subject to the City's ordinances. The City's acceptance is contingent upon the completion of the annexation and will be completed no later than sixty(60) days from the date that the annexation becomes final. The City, County and LAFCO make no representation in regard to the position, if any, of the Coastal Commission in relation to these permits. 3.1.11 Coordination of Fire Code Plan Review and Fire Code Inspections. Upon effective date of annexation, the City shall coordinate with the Orange County Fire Authority as to which entity will be responsible for Fire Code plan review and Fire Code Inspections of County-approved permits during the interim period. 3.1.12 Ambulance Service Area. The County will work with the City in an effort to place Sunset Beach into the City's Exclusive Operating Area for ambulance services. 3.1.13 Transfer of Facilities. The County will transfer facilities in Sunset Beach to the City upon annexation including, but not limited to: streets, lights, traffic signals, signs, etc. A listing is included as Exhibit F. 3.2 Terms& Conditions(Specific to Sunset Beach) 3.2.1 The City of Huntington Beach and the County of Orange will use their best efforts to maintain the identity of Sunset Beach 3.2.2 The City of Huntington Beach will not change any current Sunset Beach street names and addresses except as necessary for public safety purposes. 3.2.3 The Huntington Beach City Council will form a committee comprised of three City Council members who will meet regularly with the Sunset Beach community to discuss and address issues distinct to Sunset Beach. 3.2.4 The City of Huntington Beach will maintain the greenbelt generally located west of Pacific Coast Highway between North Pacific and South Pacific Avenues as a community park including all existing parking spaces and infrastructure. 4. GENERAL PROVISIONS 4.1 Cooperation and Implementation 4.1.1 Implementation. City represents that it will cooperate with the community of Sunset Beach and the County of Orange to the fullest extent reasonable and feasible to -7- implement this Agreement. The County shall, in a timely manner, provide City with all documents,plans and other information necessary for City to carry out its obligations hereunder. 4.1.2 Cooperation. In addition to any other requirements of this Agreement, the City agrees to make its best efforts to undertake the actions set forth in this Section 4.1,provided such actions shall not result in any cost or expense to the City (other than overhead and employee staff time). 4.2 Cooperation in Legal Action. In the event of any legal action instituted by a third party (not a party to this Agreement) or any governmental entity or official (other than the City or an official of the City or the County or an official of the County), challenging the validity of any provision of this Agreement, or any discretionary action relating to this Agreement or the annexation, the parties hereby agree to cooperate in defending said action; provided, however, and shall each indemnify and hold the other harmless, as more specifically provided in Section 4.10 of this Agreement, from all damages and litigation expenses, including reasonable attorneys' fees and costs, arising out of any legal action instituted by such third party (not a party to this Agreement), or other governmental entity or official, including, but not limited to, any action brought by the Sunset Beach Community Association relating to the provision of services to Sunset Beach, in connection with such action. City or.County shall promptly notify the other and LAFCO of any such action and shall cooperate in the defense thereof. 4.3 Enforceability 4.3.1 Default. Subject to Section 4.3.2, failure by any party to perform any term or provision of this Agreement required to be performed by such party shall constitute an event of default ("Event of Default"). For purposes of this Agreement, a party claiming another party is in default shall be referred to as the"Complaining Party," and the party alleged to be in default shall be referred to as the "Party in Default." A Complaining Party shall not exercise any of its remedies as the result of such Event of Default unless such Complaining Party first gives notice to the Party in Default as provided in Section 4.3.2, and the Party in Default fails to cure such Event of Default within the applicable cure period. 4.3.2 Procedure Regarding Defaults. 4.3.2.1 Notice Required. The Complaining Party shall give written notice of default to the Party in Default, specifying the default complained of by the Complaining Party. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default. 4.3.2.2 Right to Cure. The Party in Default shall diligently endeavor to cure, correct or remedy the matter complained of, provided such cure, correction or remedy shall be completed within the applicable time period set forth herein after receipt of written notice (or such additional time as may be deemed by the Complaining Party to be reasonably necessary to correct the matter)- -8- 4.3.2.3 Delay not a Waiver. Any failures or delays by a Complaining Party in asserting any of its rights and remedies as to any Event of Default shall not operate as a waiver of any Event of Default or of any such rights or remedies. Delays by a Complaining Party in asserting any of its rights and remedies shalt not deprive the Complaining Party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert, or enforce any such rights or remedies. 4.3.2.4 Time to Cure. If an Event of Default occurs, prior to exercising any remedies, the Complaining Party shall give the Party in Default written notice of such Event of Default in accordance with Section 4.4 below. If the Default is reasonably capable of being cured within thirty(30) days of the Party in Default's receipt of such written notice, the Party in Default shall have such period to effect a cure prior to exercise of remedies by the Complaining Party. If the nature of the alleged Default is such that it cannot practicably be cured within such 30 day period, the cure shall be deemed to have occurred within such 30 day period if(i)the cure is commenced at the earliest practicable date following receipt of the notice; (ii) the cure is diligently prosecuted to completion at all times thereafter; (iii) at the earliest practicable date(in no event later than 30 days after the curing party's receipt of the notice), the curing party provides written notice to the other party that the cure cannot practicably be completed within such 30 day period; and (iv) the cure is completed at the earliest practicable date. In no event shall the Complaining Party be precluded from exercising remedies if a Default is not cured within one hundred eighty(180) days after the first notice of default is given. 4.3.2.S -fieimination of Agreement. Subject to the foregoing, if a Party in Default fails to cure an 66irit.of Default in accordance with the foregoing, the Complaining Party, at its option, may terminate this Agreement, and/or institute legal proceedings pursuant to this Agreement. 4.3.3 Institution of Legal Action_ Subject to notice of default and opportunity to cure under Sections 4.3.1 and 4.3.2, in addition to any other rights or remedies, any party to this Agreement may institute legal action to cure, correct or remedy any default, to enforce any covenants or agreements herein, to enjoin any threatened or attempted violation hereof, or to obtain any other remedies consistent with this Agreement. 4.4 Notices All notices or other communications required hereunder shall be in writing and shall be, personally delivered (including by means of professional messenger service), or sent by registered or certified mail, postage prepaid, return receipt required, or by electronic facsimile transmission followed by delivery of a "hard" copy, and shall be deemed received on the date of receipt thereof. Unless otherwise indicated in writing, such notice shall be sent addressed as follows: -9- If to the City: City Administrator City of Huntington Beach 2000 Main Street Huntington Beach, California 92648 With a copy to: City Attorney City of Huntington Beach 2000 Main Street Huntington Beach,California 92648 If to the County of Orange: County of Orange County Executive Office 333 W. Santa Ana Blvd. Santa Ana, CA 92701 Attn: Steve Dunivent, Deputy County Executive Officer With a copy to: County Executive Office 333 W. Santa Ana Blvd. Santa Ana, CA 92701 Attn: Jay Wong, Administrative Manager 4.5 No Third Pagy Beneficiaries This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 4.6 Time of Essence Time is of the essence for each provision of this Agreement of which time is an element. 4.7 Modification, Amendment or Extension Subject to any notice and hearing requirements imposed by law, this Agreement may be modified, amended and/or extended from time to time by mutual written consent of the City and County. -10- 4.8 Conflict with State or Federal Laws. In the event that state or federal laws or regulations enacted after this Agreement has been entered into prevent or preclude compliance with one or more provisions of this Agreement (a) the party prevented from performance shall provide the other party with written notice of such state or federal restriction and a statement of the conflict with the provisions of this Agreement, and (b) County and the City staff shall, within thirty (30) days, meet and confer in good faith in a reasonable attempt to modify this Agreement, but only to the minimum extent necessary to comply with such federal or state law or regulation. Thereafter, regardless of whether the parties reach an agreement on the effect of such law or regulation upon this Agreement, the matter shall be scheduled for hearing before the City .Council. Ten (10) days' written notice of such hearing shall be given, pursuant to Government Code Section 65854.5. The City Council, at such hearing, shall determine the exact modification or suspension which shall be necessitated by such federal or state law or regulation. County, at the hearing, shall have the right to offer oral and written testimony. Any modification or suspension shall be taken by the affirmative vote of not less than a majority of the authorized voting members of the City Council and shall be subject to the concurrence of County. 4.9 Cooperation in Securing Permits. The City shall cooperate with the County in the securing of any permits which may be required as a result of such modifications or suspensions. 4.10 Indemnity 4.10.1 Definition. As used in this Section 4.10, "Proceeding" means any threatened, pending, or compiled claim, cause of action, civil liability, action, suit, arbitration, alternate dispute resolution process, investigation, administrative hearing, appeal or any other proceeding, whether civil, criminal, administrative, investigative or any other type whatsoever. 4.10.2 By the City of the County. The City shall indemnify and defend the County, its officers, employees and agents (County Indemnitees), against and hold the County Indemnitees harmless from all claims, demands, liabilities, damages, losses, costs and expenses, including reasonable attorneys' fees and disbursements, arising from or related to this agreement. 4.10.3 By the County of the City. The County shall indemnify and defend the City, its officers, employees and agents (City Indemnitees), against and hold the City Indemnitees harmless from all claims, demands, liabilities, damages, losses, costs and expenses, including reasonable attorneys' fees and disbursements, arising from or related to this agreement. 4.10.4 Application to Damages. This indemnification and hold-harmless agreement applies to all damages and claims for damages suffered or alleged to have been suffered by reason of the activities and development referred to in this Agreement, regardless of whether or not the City or County prepared, supplied, or approved plans or specifications, or both. A party's obligation to indemnify the other party pursuant to this Section 4.10 applies to all proceedings, damages and claims for damages suffered or alleged to have been suffered by the other party by reason of the activities of the indemnifying party referred to in this Agreement, regardless of whether or not the City or County prepared, supplied, or approved plans or specifications, or both, for such activities, including, but not limited to, damages caused by -11- concurrent active or passive negligence, active negligence, and willful misconduct of the indemnifying party, its officers, employees and agents. However, the indemnifying party shall have no obligation to indemnify the other party for damages caused by the active negligence, sole negligence, or willful misconduct of the other party; or its officers, employees, and agents. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided. 4.10.5 Defense. The party providing the indemnity will conduct all defense at its sole cost and expense and the indemnified party shall approve selection of counsel,provided that such approval shall not be unreasonably withheld. 4.11 Waiver No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought and referring expressly to this Section. No waiver of any right or remedy in respect of any occurrence or event shall be deemed a waiver of any right or remedy in respect of any other occurrence or event. 4.12 Successors and Assigns Except as expressly provided to the contrary in this Agreement, the burdens and obligations of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement and all successors in interest to Sunset Beach or any portion thereof or any interest therein, and shall be covenants running with the land. 4.13 Governing State Law This Agreement shall be construed in accordance with the laws of the State of California. 4.14 Constructive Notice and Acceptance Every person who now or hereafter owns or acquires any right, title or interest in or to any portion of Sunset Beach is and shall be conclusively deemed to have consented and agreed to every provision contained herein, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in Sunset Beach. 4.15 Covenant of Good Faith and Fair Dealing No party shall do anything which shall have the effect of harming or injuring the right of the other party to receive the benefits of this Agreement. 4.16 Covenant of Cooperation The County and the City shall cooperate with and assist each other in the performance of the provisions of this Agreement, including assistance in obtaining permits for the development -12- of Sunset Beach which may be required from public agencies other than the City. The County and the City reserve the right to challenge any ordinance, measure, moratorium or other limitation in a court of law if it becomes necessary to protect the rights vested in Sunset Beach. 4.17 Further Actions and Instruments The parties to this Agreement shall cooperate with and provide reasonable assistance to the other parties to the extent contemplated in the performance of all obligations under this Agreement and the satisfaction of the conditions of the Agreement. 4.18 Section Headings All Article and Section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 4.19 Enforced Delay(Force Maieure) 4.19.1 Force Maieure Defined. In addition to specific provisions of this Agreement, performance by any party hereunder shall not be .deemed to be in default where delays or defaults are due to war, insurrection, strikes, walkouts, riots, floods, earthquakes, fires, casualties, acts of God, enactment of conflicting state or federal laws or regulations (but only if the party claiming delay complies at all times with the provisions of this Agreement pertaining to such conflicting laws), litigation brought by any third party (not a party to this.Agreement), or - similar bases for excused performance due to causes beyond the control of and without the fault of the party claiming an extension of time to perform. 4.19.2 Notice Requirement. An extension of time for any such cause (a "Force Majeure Delay") shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other parties within thirty (30) days of knowledge of the commencement of the cause, Notwithstanding the foregoing, none of the foregoing events shall constitute a Force Majeure Delay unless and until the party claiming such delay and interference delivers to the other party written notice describing the event, its cause, when and how such party obtained knowledge, the date the event commenced, and the estimated delay resulting therefrom. Any party claiming a Force Majeure Delay shall deliver such written notice within thirty (30) days after it obtains actual knowledge of the event. Times of performance under this Agreement may also be extended in writing by the City. 4.19.3 Exception. Notwithstanding the first sentence of Section 4.19.2, the following shall apply: (i) The County shall be entitled to a Force Majeure Delay for a period longer than the period of enforced delay if the City Council determines that such longer period is reasonably required; and (ii) The County shall be entitled to a Force Majeure Delay notwithstanding the fact that the County may not have given timely notice to the City, if the City Council determines that such Force Majeure Delay is reasonably required. -13- 4.20 Severability Invalidation of any of the provisions contained in this Agreement, or of the application thereof to any person,-by-judgment-or court order, shall-in-no -way affect any of the, other provisions hereof or the application thereof to any other person,or-circumstance, and the same shag_i e rain in fide:force and.effect, unless enforcenndnt of-this Agreement, as so invalidated, would be unreasonable ouinequitable-under all the circumstances or would:frustrate the purposes of this.Agreement and/or the rights and obligations o€the-parties hereto_ 4.21 Intetyretation The language in all parts of this.Agreement shalt in all cases be construed simply, as a- whole and in accordance with its fair rileanipg and not strictly for or against any party. The parties hereto acknowledge and--jagme Atat-this Agreement has been prepared jointly by the parties and has been the_subject of arm's length and careful negotiation over a considerable period of time, that each party has independently reviewed this.Agreement with legal counsel, and that each party has the requisite experience and-sophistication to understand, interpret and agree to the particular -language of the provisions hereof_ Accordingly, in the event of an ambiguity in or dispute regarding the interpretation of this Agreement, this Agreement shall not be interpreted or construed against the party preparing it, and instead other rules of interpretation and construction shall be utilized- 4-22 Counterparts This Agreement may be executed in duplicate counterpart originals, each of which is deemed to be an origmal.and all of which when taken together shalt constitute one and the same instrument- -14- 4.23 Entire Agreement This Agreement consists of fourteen (15) pages and exhibits (designated "A" through "F"), which constitute the entire understanding and agreement of the parties. IN WITNESS WHEREOF, the parties have each executed this Agreement onP/©,/&--M� 2010. COUNTY OF ORANGE, a municipal CITY OF HUNTINGTON BEACH, corporation of the State of California a municipal corporation of the State of California C a�cl, / ,a--;- (-A--�z-�x,�� Chair, Board of Supervisors t Mayor ATTEST` City erk Clerk of the Board of Supervisors----__,,, APP AS TO FORM: APPROVED AS TO FORM: C, L/ ounfy Counsel YityAttorney INITIATED�A ':;ROVED: ROVED: f FACSIMILE SIGNATURE AUTHORIZED Deputy City Admi trator PER G.C.SEC. 25103, RESO 79-1535 SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIR OF THE BOARD REV ND APPROVED: y� ATT T: I w— ^ C Ad inistrator DARLENEJ*SUPERVIS4OR CLERK OF THE BOAR ORANGE COUNTY,CALIFORNIA -15- 4.20 Severabilitv Invalidation of any of the provisions contained in this Agreement, or of the application thereof to any person, by judgment or court order, shall in no way affect any of the other provisions hereof or the application thereof to any other person or circumstance, and the same shall remain in full force and effect, unless enforcement of this Agreement, as so invalidated, would be unreasonable or inequitable under all the circumstances or would frustrate the purposes of this Agreement and/or the rights and obligations of the parties hereto. 4.21 Interpretation The language in all parts of this Agreement shall in all cases be construed simply, as a whole and in accordance with its fair meaning and not strictly for or against any party. The parties hereto acknowledge and agree that this Agreement has been prepared jointly by the parties and has been the subject of arm's length and careful negotiation over a considerable period of time, that each party has independently reviewed this Agreement with legal counsel, and that each party has the requisite experience and sophistication to understand, interpret and agree to the particular language of the provisions hereof. Accordingly, in the event of an ambiguity in or dispute regarding the interpretation of this Agreement, this Agreement shall not be interpreted or construed against the party preparing it, and instead other rules of interpretation and construction shall be utilized. 4.22 Counterparts This Agreement may be executed in duplicate counterpart originals, each of which is deemed to be an original and all of which when taken together shall constitute one and the same instrument. -14- Exhibit A (Legal Description) EXHIBIT A PROPOSED "SUNSET BEACH ANNEXATION(AN 10---)" That portion of fractional Section 24,Township 5 South,Range 12 West, and those portions of fractional Sections 19 and 30,Township 5 South,Range 11 West, of the San Bernardino Meridian, in the County of Orange, State of California according to the official plat of said land filed in the District Land Office described as follows: Beginning at the northerly terminus of that certain course in the boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No. 920 of said city shown as having a bearing and distance of"South 21°43' 12" West,249.38 feet", said northerly terminus also being the most easterly corner of Tract No. 21 as per map recorded in Book 9,Page 22 of Miscellaneous Maps, in the office of the County Recorder of said County; thence along said City Boundary Line the following courses: Course 1: South 21'43' 12" West a distance of 249.38 feet, Course 2: South 07°56'07" West a distance of 53.74 feet to a point being in a curve concave to the northeast having a radius of 2940 feet; a radial line of said curve from said point bears North 44°12'36" East, Course 3: Southeasterly a distance of 63.71 feet along last mentioned curve through a central angle of 01°14'30", Course 4: South 47'01'54" East a distance of 279.29 feet to the beginning of a tangent curve concave to the southwest having a radius of 3060 feet, Course 5: Southeasterly a distance of 195.23 feet along said Iast mentioned curve through a central angle of 03°39'20", Course 6: South 43°22'34" East a distance of 1599.82 feet to the beginning of a tangent curve concave to the southwest having a radius of 3050 feet, Course 7: Southeasterly a distance of 183.58 feet along said last mentioned curve through a central angle of 03°26'55", to a point on a line parallel with and 30.00 feet southerly, measured at right angles, from the centerline of Los Patos Avenue (Warner Avenue)as said centerline is shown on a map filed in Book 53,Page 40 of Records of Survey in the office of said County Recorder, said point being the most southwesterly corner in the boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No. 3489 of said city;thence leaving said city boundary, Course 8: South 89°51'53" West a distance of 377.41 feet along said parallel line to a point in the boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No. 1126 of said city, said point also being southeasterly along said City Boundary line 40.61 feet from the northwesterly terminus of that certain course shown as having a bearing and distance of"North 42'28'13" West, 1816.06 feet";thence along said City Boundary Line, - 1 - EXHIBIT A PROPOSED "SUNSET BEACH ANNEXATION(AN 10-_)" Course 9:North 43°23'54" West a distance of 40.61 feet, Course 10: South 89'51'53" West a distance of 291.59 feet, Course 11: South 49°10'33" West a distance of 344.56 feet to a point in the Mean High Tide Line of the Pacific Ocean as shown on Record of Survey 2010-1097 recorded in Book 241, Page 3 in the office of the County Recorder of said County, said point also being the southeasterly terminus of that certain course shown as having a bearing and distance of"North 41'4352"West, 388.69 feet";thence along said Mean High Tide Line the following courses: Course 12: North 42'38'49" West a distance of 388.69 feet, Course 13: North 44'46'59" West a distance of 1085.55 feet, Course 14: North 44°3T21" West a distance of 1283.71 feet, Course 15: North 43'44'38" West a distance of 1709.89 feet, Course 16: North 41'23'09" West a distance of 968.62 feet, .Course 17:North 47°20'53" West a distance of 703.78 feet to a point in the southeasterly City Boundary Line of the City of Seal Beach, County of Orange, State of California, said boundary having been established as Annexation No.76-1 to said city, said point also being distant southwesterly along said City Boundary line 368.70 feet from the easterly comer of said Annexation No. 76-1; thence leaving said Mean High Tide Line and along said City Boundary Line, Course 18: North 49°3536" East a distance of 368.70 feet to the most easterly corner of said Annexation No. 76-1, said corner also being the most southerly corner in said city boundary established as Annexation No. 67-1 to said city;thence along said City Boundary Line, Course 19:North 49'35'36" East a distance of 511.00 feet to the most westerly corner in the boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No. 919 of said city, said corner being in a curve concave to the southwest having a radius of 1060 feet, a radial line of said curve from said point bears South 25°58'14" West(South 26°05'34" West per said Ordinance No. 919);thence along said City Boundary Line the following courses: Course 20: Southeasterly a distance of 380.17 feet along said last mentioned curve through a central angle of 20°32'58", -2 - EXHIBITA PROPOSED "SUNSET BEACH ANNEXATION(AN 10-_)" Course 21: South 43°28'48"East a distance of 389.02 feet to the beginning of a tangent curve concave to the southwest having a radius of 1060 feet, Course 22: Southeasterly a distance of 341.40 feet along said last mentioned curve through a central angle of 18°27'12", Course 23: South 25'01'36" East a distance of 63.84 feet to the beginning of a tangent curve concave to the northeast having a radius of 940 feet, Course 24: Southeasterly a distance of 117.68 feet along said last mentioned curve through a central angle of 07°10'23", Course 25: South 32'11'59" East a distance of 35.23 feet to the beginning of a tangent curve concave to the northeast having a radius of 940 feet, Course 26: Southeasterly a distance of 186.20 feet along said last mentioned curve through a central angle of 11'20'58", Course 27: South 43'32'57" East a distance of 563.44 feet along to the beginning of a tangent curve concave to the northeast having a radius of 940 feet, Course 28: Southeasterly a distance of 136.93 feel along said Iast mentioned curve through a central angle of 08°20'46", Course 29: South 51°53'43" East a distance of 17928 feet to the most southerly corner of said Ordinance No. 919 of said city, Course 30:North 46'31'47" East a distance of 323.43 feet to the most easterly corner of said Ordinance No.919 of said city,said corner also being a point along that certain course in the southwesterly boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No. 800 of said city,a distance of 1008.96 feet from the northwesterly terminus of that certain course shown as having a bearing and distance of "North 42°45'00" West,2727.12 feet"; thence along said City Boundary Line, Course 31: South 42°28'34"East a distance of 980.00 feet to the most northerly corner in the boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No. 1089 of said city;thence along said City Boundary Line, Course 32: South 46°45' 11" West a distance of 55.00 feet, Course 33: South 43°14'49" East a distance of 375.00 feet, Course 34:North 46'45'11" East a distance of 15.00 feet, Course 35: South 43'1449" East a distance of 111.77 feet, -3 - EXHIBIT A PROPOSED "SUNSET BEACH ANNEXATION(AN 10-_)" Course 36: North 75°46'26" East a distance of 33.80 feet along said City Boundary Line to an intersection with that certain course in the southwesterly boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No. 800 of said city, said intersection also being northwesterly along said southwesterly boundary 261.60 feet from the southeasterly terminus of that certain course shown as having a bearing and distance of"North 42°45'00" West and a length of 2727.12 feet";thence along said City Boundary Line, Course.37: South 42°28'34" East a distance of 261.60 feet, Course 38: South 47'13'34" East a distance of 35.00 feet to the Point of Beginning. Containing an area of 133.88 acres,more or less. Attached hereto and made a part hereof is a map designated as EXHIBIT B. SURVEYOR'S CERTIFICATE This proposal was prepared by me or under my supervision. Jeremy L. Vvans, PLS 5282 Date: ft Expires: December 31,2011 OF C This proposal does meet the approval of the Orange County Surveyor's Office. Dated this day of 201_ By: Raymond L. Mathe, County Surveyor PLS 6185, Expiration Date: March 31, 2012 -4 - Exhibit B (Depiction) EXHIBIT B Proposed "Sunset Beach Annexation " (AN 10—_—) It of Hunth ton Beoan___ 0 D No.000 ` ASSESSOR'S PARCEL =ITT 1�1MBER5 aAPwc:cAlc 91 A.P.N w A.P.N. A W-6e1.58 S 1m-531-41 . .CLCLT7ITIDTTE— @ a 1 _ --.- f mummgCOn 9a 9 oe-SePu r Im-e3+-02 n __ �Iyy nn c 1]e-eel-2z u 1m-53t-w. h 0 � �_� ��Z��'N0`-93� � D 17e-eel-v v na-a31.42 . ®e.w as �R ® ® p 171-5e1-40 x Im-ut-oe 9 ® _® 4oxe mxn Nw.Ar f c n8-MI-zB Y lm-Sll-o] rIT�(`� H 179-MI-2 z 1mr531-43 / •�P1--1`-J�F7- i,[ IALLL�EI�.-_�LiiL1 � xC"'1L�p pC:7�_!_— na-eel-2e n 1]e-531-ae CRY of Seal 8eacn © �- ANNEX N0,87-1 n E ei M ,1]B-S51-U . 1I9-5]2-15 C�1TI wCILDa�a�iT�sQIII7��DI[1I�CQTITI°aC11�1�:�1 _E �_� � w 2 N 170-eel-]5 175_53=-1, ZI_ o ne-ael-3s q ne-53x-Ie PACY�C P 1)9-581-]) n I]9-632-AB 0 I78-5e1-So 1 tm-SS2-f6 OCEAN NM{RY t•e•xl ulO'x.A-1 I g R 170-$51-JB N.1.5 / afy el s.m e.apn — LEGEND ANNE%No,76-1 ® ® � VOSnNG OTY OF HONnNG7CH BEACH ,c.r BWNOARY KAr Na all wNq u4.ur 4 miv,rw.c miR-+vn,xq,.,/, E%ISnxG ClfY Of,SEAL BEACH \ BWNOARY Q PG CCol IDENTICAL City of Huntington Beac Z ORD No.1089 �� Illy o/Hunlington Beoch City of Huntington BaacN � - • Lir w;..l n xa ai xv.N ORD No.800 RES No.3488 DATA TABLE wm — BEARING/DELTA RADIUS LENGTH Q 1 BEARING/DELTA RADIUS LENGTH 1 91,'13'tYW 313.]8' =0 2VJ2'Se' fope' 380.17 ® m m j Flff City ORD nNtington o.920Beall 2 s a]w5'o7•w W..74' z1 la 13.21kY q 3ee.aa' — a o OO — 5 433e'16•E — 3 ol]w3o• 21140' an- 22 lnrlr IOea 311.10• _ rAoo mur N2M1W -1 4 S 41V'SP E 279,38• 3 25tl1'Je•al IS 21 Y E EI 5 03'JP'2r 3oea 153xr z. one•a' ew• 1+7,ee' W � �Ni�mc e 132r3e E lO...e2' 25 IS J2M'l8'EI 5 3a23' Z r�'l r ,J �jt—]� — rJ�_�' —_ �� +->'2'e-+">^+'•+'+++'7'+ 5 32'II'S8'E - _ pWeV+,qu,m5- 7 031BEr J0e0' 1.... 2, II'20'Se' BIO' 1B82O' ..._-__�- ...-..—__. ..__...._ n r a e I�.J dLI.L-y1JdLJ11�-'ii��� sn.Lx•.Iw x.;,a e (N BRIT21-WD 377 ' ]7 is 13Z5'36'E 41 s I s D931'S3•w N'32•ST C 1 1 1.�1 I�(I I4CE iL1J-+-te LLB Ll t _- '-- -'- q (N♦2Yw13•W) Ann" aOE'2WIS' N 43VE4'w in (N 0I2'm" 28tse' m Is sru'22'EI 17B,xq, REFERENCE $ eetl'OJ'w 5 S1wJ'13'E � City of Huntington Beach (9 SOtle'U'W) Ix—W0e•El () BEGORD PER ORO.Ne i126 TO att i1 S 497NA•W 311.58' JO N 48'Jt'1]•E =4X Of HDNWNGTOII BEACH ORD No,1126 12 ((W 4VM1o,wD 3ee.ee' 3+ s wi•ie:ar C1 eao.W' f I cxWrDintiofo R MACH Moo r0 am if (IN.1ww w 1085,55 32 (5��. ',w] 55.00' I I BECORO PER.0.xv BIB,0 an' m Of HUNwNGION BEACH 14 I(N wv zi 'aam, 33 (55 IJbI�B'E] 3m.0o• W x,AH. . (())REea+o PER INNER No 57-1 7e-1 fo an .rzx 0—u«<.,mu a xan ru.a m+o-.a,,ex.Wl, Is ([N 43'.'+1'WD OCRBI' 31 IN ane'1a'E] m.co' of$CAL BEACH "' N a"3r w N 151.591'E II D%EC080 PER is 2010-in't"NSB 110 16 (I a01YY WD ef m ee CMS' e NN 314h0'[] r7 (IN 8Z5se•wD 703,7e• 3e IN 7830'00•E] N 4rlo'S,3'W N fe (IH NRe'o0'ED 38BIW 37 Is 45.15'OU'E] you A0' N K'3S'JO'E e 1279•34'E 18 41 'Ir ] 8 .00 ��— ��—�_- -——_——— 5110 `�((N 403 ' E � nxrt a uvtl,N./ Mix¢taxaY RNAOAn nox CDW/D'a;RVEYM'e STAw3,fxr Thh peeppp xe.prpaep N me a unBa my wpaN.bn aNL L low Hop——mat th.epp,orW el In.Oran..Cvunly.3urayer'•OMin THIS aARCEL CON7AIH5 A LAND AREA a IJaBB AG! e/-. 3m'` ICS CITY OF HUNTINGTON BEACH / RIGHT OF WAY ENGINEERING Proposed "Sunset Beach Annexation" (AN 10—__) ,ERENY L ANB LS 5x82 Y DAIE: a .No I.NAME,M—CARAttlB,-C.721= 0 EKPWAtpN OA3G DEfEREER 31,=i E FNUnON DArz: NMEH 31.2012 PREPARED CHECKED SCALE GATE A,O,R, P.J.f. i'•x00' OB/08/z010 Exhibit C (Assignment, Novation and Consent Agreement) O R A N G E C O U N T Y (C-'� L� w,,ommunity '.Kesources Our Community. Our Commitment. STEVE FRANKS G� DIRECTOR �► OC COMMUNITY RESOURCES Cj� ysp Vx d RYAN DRABEK 2� y DIRECTOR erg✓� OC ANIMAL CARE i September 16, 2011 Q KAREN ROPER DIRECTOR Mr. Fred Wilson OC COMMUNITY SERVICES City Manager City of Huntington Beach MARK DENNY 2000 Main Street DIRECTOR OC PARKS Huntington Beach, CA 92648 HELEN FRIED Subject: Assignment, Novation and Consent Agreement COUNTY LIBRARIAN US Ocean Safety Lifeguard Services Contract— Sunset Beach OC PUBLIC LIBRARIES Dear Mr. Wilson: Enclosed for your records is a fully executed copy of the Assignment, Novation and Consent Agreement among the County of Orange, the City of Huntington Beach and US Ocean Safety for assignment of the Ocean Lifeguard Services contract for Sunset Beach. Sincerely, i Michael Hentzen OC Parks Lease Manager dF CDC�; C- 13042 OLD MYFORD ROAD IRVINE,CA 92602 PHONE: 866.00PARKS FAX: 714-667-6511 Agreement No. OCP10-033 Sunset Beach (Ocean Lifeguard Services) ASSIGNMENT, NOVATION AND CONSENT AGREEMENT THIS ASSIGNMENT, NOVATION AND CONSENT AGREEMENT ("Agreement') is made as of the 111L day of 2011, by and among the City of Huntington Beach, a municipal corporation, E ereinafter referred to as "CITY'), the County of Orange, a political subdivision of the State of California, (hereinafter referred to as "COUNTY'), and US Ocean Safety, Inc., a California corporation, (hereinafter referred to as ("USOS"). The CITY, COUNTY and USOS are sometimes referred to herein individually as a "Party" or collectively as the "Parties". RECITALS WHEREAS, on November 23, 2010, CITY and COUNTY entered into that certain agreement entitled PRE-ANNEXATION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND THE COUNTY OF ORANGE ("Pre-Annexation Agreement') to annex the unincorporated territory referred to as the community of Sunset Beach into CITY; and WHEREAS, COUNTY and USOS entered into Contract #MA 012-11010397 (the "Contract") for Ocean Lifeguard Services at Sunset Beach, effective January 1, 2011; and WHEREAS, the Pre-Annexation Agreement provides for the COUNTY to assign and for the CITY to accept COUNTY's Contract for Ocean Lifeguard Services at Sunset Beach; and WHEREAS, the Parties desire to substitute CITY in place of COUNTY with respect to the Contract; NOW, THEREFORE, in consideration of the promises hereto and the mutual covenants and agreements set forth herein, the Parties agree as follows: n 1. COUNTY does hereby assign, transfer, and convey to CITY as of/)C40 h er- I , 2011 (the "Effective Date") all of COUNTY's title, right, obligations, and interest in, to and under the Contract. 2. CITY hereby accepts such assignment of the Contract as of the Effective Date, and agrees to assume all of COUNTY's duties and obligations in, to and under the Contract from and after the Effective Date. 3. USOS acknowledges the substitution and novation of CITY in place and instead of COUNTY from and after the Effective Date. 4. Pursuant to the Pre-Annexation Agreement, COUNTY shall provide funding to the CITY in an amount equal to two (2) years of funding for the Contract. Upon execution of this Agreement, CITY shall submit an invoice to COUNTY for the two (2) years of funding and COUNTY shall pay said invoice within ninety (90) days of submittal. 1 5. Except as provided for in the Pre-Annexation Agreement, CITY agrees to fully release COUNTY from any and all obligations, responsibilities, and duties under the Contract from and after the Effective Date. 6. CITY agrees to defend and indemnify COUNTY from any and all claims, actions, judgments, liabilities, proceedings and costs, including reasonable attorneys' fees and other costs of defense and damages, resulting from and related to the Contract from and after the Effective Date. 7. COUNTY agrees to defend and indemnify CITY from any and all claims, actions, judgments, liabilities, proceedings and costs, including reasonable attorneys' fees, resulting from and related to COUNTY's performance under the Contract and subject to the terms of the Contract prior to the Effective Date. 8. This Agreement constitutes the entire agreement concerning the assignment between the Parties and it may not be modified, altered or amended other than in writing executed by the party sought to be charged thereby. 9. This Agreement may be executed in counterparts, and in such event, the counterpart signatures shall be assembled and shall together constitute a complete agreement. 2 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date -first written above. CITY ATTORNEY CITY City of Huntington Beach City of Huntington Beach, a municipal B /Y ��� corporatio IVY Fre,djWilsdn, City Manager j r ATTEST: Joan'Flynn, City Clerk ' f a APPROVED AS TO FORM: COUNTY County Counsel County of Orange, a political subdivision of the SItf alifornia 7 Date Mark Denny, Director, OC Parks Pursuant to Orange County Board of Supervisors Minute Order dated yenbrA , 2010 USOS US Ocean Safety, Inc., a California corporation �y s 3 Agreement No. OCP10-_ Sunset Beach (Ocean Lifeguard Services) ASSIGNMENT, NOVATION AND CONSENT AGREEMENT THIS ASSIGNMENT, NOVATION AND CONSENT AGREEMENT is made as of the day of 2011 ("Agreement")' by and among the City of Huntington Beach, a municipal corporation, (hereinafter referred to as "CITY"), the County of Orange, a political subdivision of the State of California, (hereinafter referred to as "COUNTY"), and US Ocean Safety, Inc., a California corporation, (hereinafter referred to as ("USOS"). The CITY, COUNTY and USOS are sometimes referred to herein individually as a "Party" or collectively as the "Parties". RECITALS WHEREAS, on r , 2010, CITY and COUNTY entered into that certain agreement entitled AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE COUNTY OF ORANGE REGARDING THE SUNSET BEACH ANNEXATION TO THE CITY OF HUNTINGTON BEACH ("Annexation Agreement") to annex the unincorporated territory referred to as the community of Sunset Beach into CITY; and WHEREAS, COUNTY and USOS have entered into Contract #MA-012-11010397 (the "Contract")for Ocean Lifeguard Services at Sunset Beach, effective January 1, 2011; and WHEREAS, the Annexation Agreement provides for the COUNTY to assign and for the CITY to accept the Contract; and WHEREAS, the Parties desire to substitute CITY in place of COUNTY with respect to the Contract. NOW, THEREFORE, in consideration of the promises hereto and the mutual covenants and agreements set forth herein, the Parties agree as follows: 1. COUNTY does hereby assign, transfer, and convey to CITY as of , 2011 (the "Effective Date") all of COUNTY's title, right, obligations, and interest in, to and under the Contract. As of the Effective Date the County shall have no further duties or obligation under the Contract, as more fully set forth in Section 5, below. 2. CITY hereby accepts such assignment of the Contract as of the Effective Date, and agrees to assume all of COUNTY's duties and obligations in, to and under the Contract from and after the Effective Date. 3. USOS acknowledges the substitution and novation of CITY in place and instead of COUNTY from and after the Effective Date, and agrees that as of the Effective Date the Contract shall effectively be between the CITY and USOS and that the County shall have no further duty or obligation hereunder, as more fully set forth in.Section 5, below. 1 4. Except as provided for in the Annexation Agreement, CITY and USOS agree to fully release COUNTY from any and all obligations, responsibilities, and duties under the Contract from and after the Effective Date. 5. CITY agrees to defend and indemnify COUNTY from any and all claims, actions,judgments, liabilities, proceedings and costs, including reasonable attorneys' fees and other costs of defense and damages, resulting from and related to the Contract from and after the Effective Date. 6. COUNTY agrees to defend and indemnify CITY from any and all claims, actions,judgments, liabilities, proceedings and costs, including reasonable attorneys' fees, resulting from-and related to COUNTY's performance under the Contract and subject to the terms of the Contract prior to the Effective Date. 7. This Agreement, along with the Annexation Agreement, constitutes the entire agreement concerning the assignment between the Parties and this Agreement may not be modified, altered or amended other than in writing executed all of the Parties. 8. This Agreement may .be executed in counterparts, and in such event, the counterpart signatures shall be assembled and shall together constitute a complete agreement. 2 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above. CITY ATTORNEY CITY City of Huntington Beach City of Huntington Beach, a municipal corporatio Date h_ I�' IU By: Fr *Von, City Manager ATTEST: Joan F ynn, Ci lerk APPROVED AS TO FORM: COUNTY County Counsel County of Orange, a political subdivision of the State of California By: Date By: Mark Denny, Director, OC Parks Pursuant to Orange County Board of Supervisors Minute Order dated , 2010 USOS US Ocean Safety, Inc., a California corporation By: By: 3 Exhibit D (Planned Projects) Pavement Project t® be Completed Street Type of Street Begin End Length ft.) Maintenance ALLEY-BTWN 10th&11th NORTH PACIFIC AVE PACIFIC COAST HWY 163 Thin Overlay ALLEY-BTWN 11th&12th NORTH PACIFIC AVE PACIFIC COAST HWY 162 Thin Overlay ALLEY-BTWN 12th&BROADWAY NORTH PACIFIC AVE PACIFIC COAST HWY 158 Thin Overlay ALLEY-BTWN 14th&15th NORTH PACIFIC AVE PACIFIC COAST HWY 154 Thin Overlay ALLEY-BTWN 14th&BROADWAY N.PACIFIC AVE PACIFIC COAST HWY 165 Thin Overlay ALLEY-BTWN 15th&16th NORTH PACIFIC AVE PACIFIC COAST HWY 154 Thin Overlay ALLEY-BTWN 16th&17th NORTH PACIFIC AVE PACIFIC COAST HWY 144 Thin Overlay ALLEY-BTWN 23rd&24th NORTH PACIFIC AVE PACIFIC COAST HWY 211 Thin Overlay ALLEY-BTWN 24th&25th NORTH PACIFIC AVE PACIFIC COAST HWY 206 Thin Overlay ALLEY-BTWN 26th&ANDERSON STREET N.PACIFIC AVE PACIFIC COAST HWY 919 Thin Overlay ALLEY-BTWN 3rd&4th NORTH PACIFIC AVE PACIFIC COAST HWY 106 Thin Overlay ALLEY-BTWN 6th&7th N.PACIFIC AVE PACIFIC COAST HWY 194 Thin Overlay ALLEY-BTWN 7th&8th N. PACIFIC AVE PACIFIC COAST HWY 178 Thin Overlay ANDERSON STREET SOUTH PACIFIC AVE PACIFIC COAST HWY 260 Thin Overlay+Traffic Loops FIFTEENTH STREET NORTH PACIFIC AVE PACIFIC COAST HWY 160 Thin Overlay FOURTEENTH STREET NORTH PACIFIC AVE PACIFIC COAST HWY 156 Thin Overlay+New Longitudinal Gutter NINETEENTH STREET NORTH PACIFIC AVE PACIFIC COAST HWY 106 Thin Overlay+Traffic Loops PASCHALLS LANE NORTH PACIFIC AVE PACIFIC COAST HWY 192 Thin Overlay SEVENTEENTH STREET NORTH PACIFIC AVE PACIFIC COAST HWY 106 Thin Overlay SEVENTH STREET PACIFIC COAST HWY END 264 Thin Overlay SIXTEENTH STREET PACIFIC COAST HWY END 370 Thin Overlay TENTH STREET NORTH PACIFIC AVE PACIFIC COAST HWY 158 Thin Overlay TWELFTH STREET NORTH PACIFIC AVE PACIFIC COAST HWY 166 Thin Overlay Reconstruction w/PCC from North Pacific to WARNER AVENUE PACIFIC AVE COAST HWY 317 end. Overlay of.20' from PCH to North Pacific. Broadway Bridge Repair Project to be Completed • The bridge repair project involves the patching of concrete spalis (i.e. exposed rebar). _Spalling is generally due to rebar corrosion in a marine environment. • Repairs will consist of concrete removal, surface preparation, formwork (if necessary), and application of repair material such as concrete. The proposed project will repair the following: 1) Exterior face of deck spall, 2) Bent cap spalis, and 3) Deck expansion joint spalls. • Commencement of project is contingent upon acquiring the necessary California Coastal Commission permit (tentatively expected in FY 2012-13). • Inclusion of a no fee permit to the County, from the City of Huntington Beach, is requested, to conduct the repair work. Exhibit E (Quitclaim Deed) This Document was electronically recorded by City of Huntington Beach Recorded in Official Records, Orange County Tom Daly, Clerk-Recorder Recording requested by and I I IIIIIIII II 11111111111111111111 11111111 NO FEE when recorded return to: 2011000535879 11:34am 10/26/11 City of Huntington Beach 66 402 Q01 9 2000 Main St. 0.00 0.00 0.00 0.00 24.00 0.00 0.00 0.00 P.O. Box 190 Huntington Beach, CA 92648 Attn: City Clerk Recording Fee Exempt Per Government Code 27383 Facility: Various A.P. No.. Various u QUITCLAIM DEED For valuable consideration, receipt of which is hereby acknowledged, COUNTY OF ORANGE, hereinafter referred to as "COUNTY" does hereby remise, release and forever Quitclaim to the CITY OF HUNTINGTON BEACH, a municipal corporation, hereinafter referred to as "CITY," all right, title and interest in and to the real property in the Unincorporated Territory of the County of Orange, State of California, described as: See EXHIBIT "A" attached and by reference made a part. Parcel GA 1041-1 shall be used for park purposes in perpetuity. Parcels GA 1041-3(a) and GA 1041-3(b) shall be used for park purposes in perpetuity, with the exception of those portions used for existing roads. COUNTY makes no warranty, express or implied, as to the quality of the title conveyed hereby. CITY, by acceptance of this deed, agrees that this conveyance is subject to all licenses, leases, liens, easements, restriction, conditions, covenants, encumbrances and claims of title which may affect said property whether recorded or not. 1 of 2 SMH COUNTY OF ORANGE Da By:Dated: I u 10 Chair of the Board of Su ervisors SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED ' TO THE CHAIR OF THE BOARD. Approved as to form County of Orange County Counsel By: ► ✓ �1 ; Deputy /�✓ Darlene J. Bloom Clerk of the Board of Supervisors Date: of Orange County, California e of California) ss. Coun f Orange ) On before me, (here ins name and title of the officer) personally appeared who proved to me on the basis of satis tory evide to be the person(s) whose name(s) is/are subscribed to the within instrument and ac w ged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and at is/her/their signature(s) on the instrument the person(s), or the entity upon behalf o ich the pers s) acted, executed the instrument. I certify under PENALTY ERJURY under the laws of the to of California that the foregoing paragraph is e and correct. WITNESS m and and official seal. ignature APPROVED As TO FORM JE R MccCGGRATH►City AWftq l 2 of 2 By Paul V. ananJim SMH Assbtant City Attmw ALL PURPOSE ACKNOWLEDGMENT } STATE OF CALIFORNIA }ss COUNTY OF Orange } On October 12, 2011 before me Anita Davis, Notary Public, personally appeared Susan Novak who proved to me on the basis of satisfactory evidence to be the personXwhose name X- is/are'subscribed to the within instrument and acknowledged to me that jhe/she/rl:r6y executed the same in His/her/their authorized capacity(je), and that by his/her/their signature,(.s�on the instrument the person(sr, or the entity upon behalf of which the perso5sfacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my han"n#o c-ialsseal. Signature Lh ANITA DAVIS COMM.#1.944320 H •�''" Notary Public-California A: r. ORANGE COUNTY My Comm.Expires lul16 20L5 ( ARY SEAL) ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document. THIS CERTIFICATE DUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW. Title of Document Type Number of Pages Date of Document Signer(s) Other Than Named Above All Purpose Acknowledgment EXHIBIT A Those certain interests dedicated to the COUNTY OF ORANGE for street and highway, public parking and public use in the Unincorporated Territory of the County of Orange, State of California per the following documents recorded in Miscellaneous Maps (M.M.), Parcel Map Book (P.M.B.) or Official Records (O.R.) in the office of the County Recorder of said county as shown on Exhibit "B" attached hereto and by reference made a part hereof: FACILITY/ TR./PiV1. M.M./P.M..B. ;RECORDING LOT(S) PURPOSE PARCEL NO. NO. _O.R NO. j DATE GA 1014-3 (a) I O.R.9556/676 2/26/1.971 Street,Highway& Public Parkin G.A 1014-3 (b) _ O.R.9556/676 2/26/1971 Street, Highway& Public Parking GA 1014-3 (c) Tr. 21 M.M.9/22 Block 21.6 Public Use Those certain interests dedicated to THE ORANGE, COUNTY HARBOR DISTRICT (currently held by the County of Orange, its successor in interest) for public thoroughfare and public use in the Unincorporated Territory of the County of Orange, State of California per the following documents recorded in Miscellaneous Maps(M.Nf.) Parcel Map Book(P.M.B.)or Official Records(O.R.) in the office of the County Recorder of said county as shown on Exhibit"B"attached hereto and by reference made a part hereof: FACILITY/ TR./PM. M.M./P.M.B. RECORDING LOT(S) PURPOSE PARCEL NO. NO. O.R NO. DATE _ GA 1014-1 O,R,761.8/767 8/4/1965 Public Thoroughfare GA 1014-2 O.R. 7618/767 _8/4/1965 Public Use APPROVED r f ` l i /4� A Date: ��%R& Jo. n D. Pavlik L.S. 5168Expiration Date: June 30,2011 Cjo` a, ,,l C � Fxa q (0)f EXHIBIT B Seal Beach City Limit ANDERSON ST W'ly Line of Rancho Lo Balsa Chico ALLEY \ N D = Z � ' Z ; Huntington Beach 26TH ST City Limit N ALLEY m Ln Ln GA 1014-3(b) 25TH ST n C7 Z n % �, ALLEY D p ; ` LA cc PARCELS N GA 1014-1 v24TH ST g TO BE QUITCLAIMED o > FROM COUNTY TO CITY: 0 ALLEY ® = GA 1014-1 W N = GA 1014-2 ^' 23RID ST GA 1014-3(a) GA 1014-3(b) o ; ' ALLEY = GA 1014-3(c) N N D m ^� 22NID ST a W SEE PAGE 2 ORANGE COUNTY OC PUBLIC WORKS - RIGHT OF WAY ENGINEERING RIGHT OF WAY MAP - COMPILED FROM PUBLIC RECORDS QUITCLAIM OF RIGHTS FROM COUNTY OF ORANGE TO THE CITY OF HUNTINGTON BEACH PREP. BY: ARA CHKD. BY: JDP DATE: 11,09/10 SCALE : 1" = 200' PAGE 1 OF 4 SEE PAGE , EXHIBIT B 21ST ST N N Z D C) 20TH ST n cn PARCELS TO BE QUITCLAIMED FROM COUNTY TO CITY: M 19TH ST A = GA 1014-1 N �MIRq� Ty _ = GA 1014-2 • � GA 1014-3(b) m = GA 1014-3(a) 0 18TH ST ® = GA 1014-3(b) N GA 1014-1 _ N 00 = GA 1014-3(c) Huntington Beach o - I City Limit J REMORA DR 0 17TH ST v n ao � n } ,�• = ALLEY n � J Ln O - N D 16TH ST Ln ••• = c ALLEY :,F• W w a m 3 GA 1014-3(c) = 15TH ST a c� z z cn � z a ALLEY 14TH ST LA SEE PAGE 3 ORANGE COUNTY OC PUBLIC WORKS - RIGHT OF WAY ENGINEERING RIGHT OF WAY MAP - COMPILED FROM PUBLIC RECORDS QUITCLAIM OF RIGHTS FROM COUNTY OF ORANGE TO THE CITY OF HUNTINGTON BEACH PREP, BY: ARA CHKD. BY:JDP DATE: 1LO9i10 SCALE : 1" = 200' PAGE 2 OF 4 co SEE PAGE 2 I ALLEY g ALLEY D I BROADWAY z m D n ALLEY < n� m 2 < n qM N n rri M ` 12TH ST c) O � r D m "•N N m D z ALLEY = 0 Huntington Beach _ Ln > City Limit D 11TH ST M A GA 1014-1 GA 1014-2 GA 1014-3(c) = o r � Z m 10TH ST PARK AV 00 -; ALLEY o N GA 1014-3(b) D 9TH ST Huntington Beach City Limit n co ALLEY PARCELS o = ' TO BE QUITCLAIMED N r FROM COUNTY TO CITY: LO BTHvST = GA 1014-1 `^ = GA 1014-2 ALLEY N `1 A � n = GA 1014-3(a) W < 7TH ST = GA 1014-3(b) = GA 1014-3(c) ALLEY SEE PAGE 4 K"') H I B I T B ORANGE COUNTY OC PUBLIC WORKS - RIGHT OF WAY ENGINEERING RIGHT OF WAY MAP - COMPILED FROM PUBLIC RECORDS QUITCLAIM OF RIGHTS FROM COUNTY OF ORANGE TO THE CITY OF HUNTINGTON BEACH PREP. BY:ARA I CHKD. BY:JDP I DATE: 11/0MO I SCALE : 1" = 200' 1PAGE 3 OF 4 SEE,X\,K I PAGE 3 I EXHIBIT B 6TH ST PASCHALLS 2 LN rn to D Z 2 GA 1014-3(b) C) _ 5TH ST ALLEY -4 , Huntington Beach r 4TH ST City Limit z rn � ALLEY D GA 1014-1 - �« Oo O N v� o PARCELS n Ul TO BE QUITCLAIMED FROM COUNTY TO CITY: D (A �L 2 mGA 1014-1 p A r 2 D . N GA 1014-2 D GA 1014-3(a) ® = GA 1014-3(a) � o � = GA 1014-3(b) < ; CD GA 1014-3(c) N •s,;r,� . A CA ` Huntington Beach \ Huntington Beach City Limit \ City Limit Unin. County ORANGE COUNTY OC PUBLIC WORKS - RIGHT OF WAY ENGINEERING RIGHT OF WAY MAP - COMPILED FROM PUBLIC RECORDS QUITCLAIM OF RIGHTS FROM COUNTY OF ORANGE TO THE CITY OF HUNTINGTON BEACH PREP, BY: ARA CHKD. BY: JDP DATE: 11/09/10 SCALE : 1" = 200' PAGE 4 OF 4 City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov FFB p� Office ®f the City Clerk ),190S. ` Joan L. Flynn, City Clerk DEED CERTIFICATION CITY OF HUNTINGTON BEACH This is to certify that the interest in real property conveyed by the Deed dated SEPTEMBER 29, 2011, from COUNTY OF ORANGE to the CITY OF HUNTINGTON BEACH is hereby accepted by the undersigned officer or agent on behalf of the City Council of the City of Huntington Beach pursuant to the authority conferred by Resolution No. 3537 of the City Council of the City of Huntington Beach adopted on August 7, 1972, and the grantee consents to the recordation thereof by its duly authorized officer. Dated: October 25, 2011 CITY OF HUNTINGTON BEACH JO L. FLYNN, CIVIC Cl CLERK /followu (deeds/deeocert2002.doc Government Code§27281 Sis 6=6An)o,Japan ® Waitakere, New Zealand Recording requested by and when recorded, return to: City of Huntington Beach 2000 Main St. P.O. Box 190 Huntington Beach, CA 92648 Attn: City Clerk Recording Fee Exempt Per Government Code 27383 Facility: Various A.P. No.: Various QUITCLAIM DEED For valuable consideration, receipt of which is hereby acknowledged, the COUNTY OF ORANGE, hereinafter referred to as "COUNTY", does hereby remise, release and forever Quitclaim to the CITY OF HUNTINGTON BEACH, a municipal corporation, hereinafter referred to as "CITY", all right, title and interest in and to the real property in.the Unincorporated Territory of the County of Orange, State of California, described as: See EXHIBIT "A" attached and by reference made a part. Parcels GA 1014-1, GA 1014-3(a)and GA 1014-3(b) shall be used for park purposes in perpetuity. COUNTY makes no warranty,express or implied, as to the quality of title conveyed hereby. CITY, by acceptance of this deed, agrees that this conveyance is subject to all licenses,leases, liens,easements,restrictions,conditions,covenants, encumbrances and claims of title which may affect said property whether recorded or not. I of 2 SMH COUNTY OF ORANGE Dated: By: Chairman of the Board of Supervisors Approved as to form SIGNED AND CERTIFIED THAT A COPY OF County of Orange THIS DOCUMENT HAS BEEN DELIVERED County Counsel TO THE CHAIRMAN OF THE BOARD_ By: Deputy Darlene J. Bloom Clerk of the Board of Supervisors Date: of Orange County, California State of California ) ss. County of Orange ) On ,19 before me, a Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature of the Notary 2of2 SMH EXHIBIT A Those certain interests dedicated to the COUNTY OF ORANGE for street and highway, public parking and public use in the Unincorporated Territory of the County of Orange, State of California per the following documents recorded in Miscellaneous Maps (M.M.), Parcel Map Book (P.M.$.) or Official Records (O.R.) in the office of the County Recorder of said county as shown on Exhibit `B" attached hereto and by reference made a part hereof.- FACILITY/ TRJPM. rvLMJP.M.B. RECORDING LOT(S) PURPOSE PARCEL NO. NO. O.R NO: DATE GA 1014-3 (a) O_R.9556/676 2/26/1971 Street,Highway& Public Parking GA 1014-3 (b) O-R.9556/676 2/26/1971 Street,Highway& Public Parkin GA 1014-3 (c) Tr.21 M.M.9/22 Block 216 Public Use Those certain interests dedicated to THE ORANGE COUNTY HARBOR DISTRICT (currently held by the County of Orange, its successor in interest) for public thoroughfare and public use in the Unincorporated Territory of the County of Orange, State of California per the following documents recorded in Miscellaneous Maps(M.M.).Parcel Map Book(P.M.B.)or Official Records(O.R.)in the office of the County Recorder of said county as shown on Exhibit`B„,attached hereto and by reference made apart hereof- FACILITY/ TR./PM. M.M./P.M.B. RECORDING LOT(S) j PURPOSE PARCEL NO. NO, O.R NO. DATE _ t GA 1014-1 O.R. 7618/767 8/4/1965 Public Thoroughfare GA 1014-2 O.R. 7618/767 8/4,1965 Public Use APPROVED r _ JlVilj2,.-� Date: 0 IAIdD Jot&I).Pavlik L.S.5168 Epira#ion Date: June 30,2011 `p O�V10 P,l�`al► d 140. i # a , '� F C ' EXHIBIT B Seal Beach City Limit ANDERSON ST w'ly Line of Roncho Lo Bois-0 Chico N ALLEY \ � rn m D _ Z Z D Huntington Beach 2 ' 26TH ST City Limit � N ALLEY rn tr 2 -p GA 1014-3(b)EA D 25TH ST •'• f'' ` ALLEY • OD 0o ' = PARCELS N GA 1014-1 F24TH ST TO BE QUITCLAIMED O > FROM COUNTY TO CITY: 0 - N ALLEY 11 = GA 1014-1 rn w 0 N U) = GA 1014-2 No 23RD ST • ;. =GA 1014-3(a) o ��... to N J N � 'sue • • � o . ' ' ALLEY =GA 1014-3(c) D CD < ^ 22ND ST A Ga % • SEE PAGE 2 ORANGE COUNTY OC PUBLIC WORKS - RIGHT OF WAY ENGINEERING RIGHT OF WAY MAP - COMPILED FROM PUBLIC RECORDS QUITCLAIM OF RIGHTS FROM COUNTY OF ORANGE TO THE CITY OF HUNTINGTON BEACH PREP. BY:ARA CHKD. BY:JDP DATE:1L0320 SCALE :1" = 20V PAGE 1 OF 4 ►� ?ellago ►♦. � �siiiii J♦ ►�♦� ' • • - • • eIr 11 iiiiiii • • j • • • m �• . �• 00 Carr f irss�' ►� !tiii I ;' ►... • it�y�i ��rrrrn _ rsrr r. ���1 .■s�.as�i ssii, I r ,1 0 Alva IL WHOM 1HEMNO ON I SEE PAGE31 EXHIBIT 6TH ST rn �. -' P ASCHALLS = LN : . m m - D -i Z x GA 1014-3(b) x ti r �� 5TH ST rm ALLEY i- x Huntington Beach 4TH ST City Limit z m � N ALLEY y • < GA 1014-1 ,• n N C> n PARCELS o TO BE QUITCLAIMED FROM COUNTY TO CITY: rn A GA 1014-1 ' N = GA 1014-2 ' o N 0 _ D GA 1014 3(a) = GA 1014-3(a) � N (7 0 " 1 = GA 1014-3(b) A D = GA 1014-3(c) N . Huntington Beach Huntington Beach City Limit City Limit Unin. County ORANGE COUNTY OC PUBLIC WORKS - RIGHT OF WAY ENGINEERING RIGHT OF WAY MAP - COMPILED FROM PUBLIC RECORDS QUITCLAIM OF RIGHTS FROM COUNTY OF ORANGE TO THE CITY OF HUNTINGTON BEACH PREP.BY:ARA I CHKD. BY:JDP I DATE:1L0910 I SCALE :1" = 200' 11PAGE 4 OF 4 Exhibit F (Facilities to Transfer) Facilities Transfer -Streets/Roads 4 :ALLEY- 1ST STREET S/WARNER AVE- l ;SIMS TO LYNN ST. 0.12 2 0.24 ;ALLEY- BTWN 16TH&17TH STREETS '8V NE/TO 106'NEIO NORTH PACIFIC AVE. 0.02 2 0.04 (ALLEY- BTWN 24TH&25TH STREETS T18',NE/TO 210'NE/O NORTH PACFIC AVE. 0.04 2 0.08 :ALLEY- BTWN 4TH&5TH STREETS 8'NE/TO 180'NE/O NORTH PACIFIC AVE. 0.03 2 0.06 ALLEY- BTWN 6TH&7TH STREETS i8'NE!TO 173'NElO NORTH PACIFIC AVE. 0.03 2 0.06 _._ . -_-�___ -__-_ __ �__ ,__-_ ;ALLEY- BTWN 7TH&8TH STREETS NORTH PACIFIC AVE.TO 0.02 N/ 0-02 2 0.04 :ALLEY-1ST STREET W/BROADWAY 'LAGOON TO 0.01 MI N/BA_YVIEW DRIVE 0.02 2 0.04 'ALLEY-1 ST E/BROADWAY PACIFIC COAST HWY.TO 0-01 NE! -0------------- ALLEY-1ST E/BROADWAY _ p1 NE/PACIFIC COAST HWY.TO BAYVIEW DR. 0.01 2 0.02 .ALLEY-1ST STREET W/13TH STREET 50'W/O PACIFIC COAST HWY.TO NORTH PACIFIC ST. 0.01 ._ 2 0.02 ALLEY-1ST STREET W/12TH STREET ;PACIFIC COAST HWY.TO NORTH PACIFIC STREET 0.03 2 0.06 __............"..._" ..-_--__._..__....._....._.._.___......_..___.."..___ .__._. -�_...__..__.._._...__._. .__- --._- _._ _. ._.... =ALLEY-BTWN 10TH&11TH STREETS i8'NE/TO 150'NE/O NORTH PACIFIC AVE. 0.03 2 0.06 ALLEY-I T 11TH&12TH STREETS NORTH PACIFIC AVE-TO 0.02N/ 002 2 0.04 ;ALLEY-BTWN 12TH&BROADWAY 18'NE/TO 150'NE/O NORTH PACIFIC AVE- 0.03 2 0.06 ALLEY ttBTWN 14TH&15TH STREETS 8'NE/TO 158'NE/O NORTH PACIFIC AVE- 0.03 2 0.06 ALLEY-BTWN 15TH&16TH STREETS `8'NE/TO 158'NE/O NORTH PACIFIC AVE. 0.03 2 0.06 :ALLEY-BTWN 22ND&23RD STREETS 8'NE/TO 165'NE/O NORTH PACIFIC AVE- 0.03 2 0.06 ALLEY-BTWN 23RD&24TH STREETS €8'NE/TO 21 V NE/O NORTH PACIFIC AVE. 0.04 2 0.08 ALLE----- - .------. - -- - ------ ----- --- ... -- _- ._....-- ...... - - ALLEY-BTWN 3RD&4TH STREETS 48'NE/TO 138'NE/O NORTH PACIFIC AVE. 0.02 2 0.04 ;ALLEY_BTWN 8TH&9TH STREETS 8'NE/TO 159'NE/O NORTH PACIFIC AVE 0 03 2 0.06 ALLEY-BTWN 9TH&10TH STREETS ONE/TO 150'NE/O NORTH PACIFIC AVE. 0.03 2 0.06 _ ---_.BT. __ BROADWAY - _14TH.- .___- _.- _ -_ ___' . . _-.__ . __ - -. -- _ .._ -.- 0.06 ALLEY WN & STREETS =8'NE/._.__.TO 150 NE/O_.__-NORTH...-_PACIFIC.- AVE. 0.03 2 ALLEY-N/COAST HIGHWAY 0.02 W/TO 002 E/PARK AVE 0.04 2 0-08 ALLEY-BTWN 26TH STREET&ANDERSON :NORTH PACIFIC AVE.TO 0 02 N/PACIFIC COAST HWY. 0-02 2 0.04 ANDERSON STREET `SOUTH PACIFIC AVE.SOUTHERLY TO END 0.02 2 0-04 ANDERSON STREET SOUTH PACIFIC AVE-TO 0-05 N/O NORTH PACIFIC AVE. 0.05 2 0.1 BAYVIEW DRIVE 0.18 W/TO 0.07 E/BROADWAY 0.25 2 0.5 'BROADWAY SOUTH PACIFIC AVE.TO 0.02 S/ 0-02 2 0.04 _.....___. "-_."" - ..-.__--__-.,____..__.._.".____"_______.._._-___.""._-.- ._ _ - BROADWAY SOUTH PACIFIC AVE.TO 0-05 N/ 0-05 2 0.1 BROADWAY 'PACIFIC COAST HWY.TO BAYVIEW DR. 0.04 2 0.08 6ROADWAY `BAYVIEW DR.TO 0.01 N/ CANAL WAY 72'Nl0 PACIFIC COAST HWY.TO 208'NI 0.04 2 0.08 EIGHTEENTH STREET 8'NE/TO 82'NE/O NORTH PACIFIC AVE. 0.02 2 0.04 EI GHTEENTH STREET SOUTH PACIFIC AVE.TO 0.01 S/ 0.01 2 0.02 EIGHTH STREET SOUTH PACIFIC AVE-TO 0.02 S/ 0.02 2 0.04 s."___._._._......__.-_.._.. _ - ....__-- -. - EIGHTH STREET 8'NE/TO 166'NE/O NORTH PACIFIC AVE. 0.03 2 0.06 ,ELEVENTH STREET 'SOUTH PACIFIC AVE TO 0.02 S/ 0.02 2 0.04 ELEVENTH STREET `8'NE/TO 150'NE/O NORTH PACIFIC AVE. 0.03 2 0.06 FIFTEENTH STREET SOUTH PACIFIC AVE.TO 0.02 S/ 0.02 2 0.04 FIFTEENTH STREET 8'NE!TO 158'NE/O NORTH PACIFIC AVE- 0.03 2 0.06 - FIFTH STREET PACIFIC OCEAN TO SOUTH PACIFIC AVE_ 0.02 2 0.04 -FIFTH STREET NORTH PACIFIC AVE.TO 0.05 N/ 66S 2 ;FOURTEENTH STREET ;SOUTH PACIFIC AVE.TO END 0-02 2 0.04 FOURTEENTH STREET_ 8'NE/TO 150'NE/O NORTH PACIFIC AVE. 0-03 2 0.06 FOURTH STREET SOUTH PACIFIC AVE.TO END 0.01 2 0.02 FOURTH STREET V NE/TO 172'NE/O NORTH PACIFIC AVE. 0.03 2 006 NINETEENTH STREET !SOUTH PACIFIC AVE_TO 0.01 S/ 0.01 2 0.02 NINETEENTH STREET 18 NE/TO 85'NE/O NORTH PACIFIC AVE. 0.02 2 0.04 NINTH STREET €V NE/TO 225'NE/O NORTH PACIFIC AVE. 0.04 i 2 0.08 _t NINTH STREET - -(SOUTH PACIFIC AVE TO 0.02 S! - _ _._0 02 2 0.04 __ NORTH PACIFIC AVENUE WARNER AVE.TO ANDERSON ST. 1 19 2 2.38 - - - - - - _ i PARK AVENUE !PACIFIC COAST HWY_TO 0.06 NE! 1 0 06 2 012 PASCHALLS LANE j8'NE/TO 180'NE/O NORTH PACIFIC AVE 0.03 ' 2 0.06 SECOND STREET SOUTH PACIFIC AVE.TO END 0.01 2 0.02 i SEVENTEENTH STREET _ 18'NE/TO 120'NE/O NORTH PACIFIC AVE. 0.02 2 0.04 _ _.__._ n -_ _ 'SEVENTEENTH STREET SOUTH PACIFIC AVE.TO 0-02 S/ 0.02 2 0.04 ;SEVENTH STREET _._. ES'NE/TO 179'NE/O NORTH PACIFIC AVE. 0 03_-_7_.._.-.2,,,-_._. Or. { SEVENTH STREET SOUTH PACIFIC AVE.TO 0.02 S! 0.02 5 2 0.04 ;SIXTEENTH STREET 0.01 SW/TO BAYVIEW DR_ 0.01 2 002 'SIXTEENTH STREET 8'NE/TO 158'NEIO NORTH PACIFIC AVE. 0.03 2 0.06 SIXTEENTH STREET i72'N/O PACIFIC COAST HWY-TO 66'N/ 0-0125 2 0.025 __ ___v.. -___ _ _.__.__ ._.---.,___ _.._ __ 'SIXTEENTH STREET YSOUTH PACIFIC AVE.TO 0.02 S! 0.02 2 0.04 1 Facilities Transfer -Streets/Roads 15 SIXTH STREET 8'NE/TO 190'NE/O NORTH PACIFIC AVE. 0.04 2 0.08 ......... - --- -. _........ - - ._....- -...._.... _.. .._.._.._.._... _...s- - SIXTH STREET 'SOUTH PACIFIC AVE.TO 0.02 S/ 0.02 2 0.04 SOUTH PACIFIC AVENUE 'WARNER AVE..TO ANDERSON ST. 1.19 2 2.38 .TENTH STREET :SOUTH PACIFIC AVE.TO 0.02 S/ 0.02 2 0.04 �- ___________.__--__. _-_-.,._. _ _..._ - JENTH STREET %'NE/TO 150'NE/O NORTH PACIFIC AVE. 0.03 2 0.06 'THIRD STREET SOUTH PACIFIC AVE.TO END 0.01 2 0.02 ;TWELFTH STREET 8'NE/TO 16T NE/0 NORTH PACIFIC AVE. 0.03 2 0.06 'TWELFTH STREET ;SOUTH PACIFIC AVE.TO 0.02 S/ 0.02 2 0.04 ETWENTIET I STREET i8'NE/TO 144'NE/O NORTH PACIFIC AVE. 0.02 2 0.04 ;TWENTIETH STREET M.01 SW/TO SOUTH:PACIFIC AVE. 0.01 2 0.02__...._......_...- _.._. .. .._ - =TWENTY-FIFTH STREET ;SOUTH PACIFIC AVE_TO 0.02 S/ 0.02 2 0.04 :TWENTY-FIFTH STREET 8'NE/TO 210'NE/0 NORTH PACIFIC AVE_ 0.04 2 0.08 :TWENTY-FIRST STREET 001 SWI TO SOUTH PACIFIC AVE. _ 0.01 2 0.02 .TWENTY-FIRST STREET 8 NE/TO 53'NE/O NORTH PACIFIC AVE 002 _i.._m2- 0.04 `TWENTY-FOURTH STREET V NE/TO 224'NE/O NORTH PACIFIC AVE. 0.04 2 0.08 TWENTY-FOURTH STREET SOUTH PACIFIC AVE.TO 0.02 S/ 0.02 2 0.04 TWENTY-SECOND STREET SOUTH PACIFIC AVE.TO 0.02 S/ 0.02 2 0.04 TWENTY-SECOND STREET NORTH PACIFIC AVE.TO 0.03 N/ 0.03 2 0.06 :TWENTY SIXTH STREET SOUTH PACIFIC AVE.TO 0.01 S/ 0.01 2 0.02 `TWENTY-SIXTH STREET 8'NE/TO 21 V NE/O NORTH PACIFIC AVE 0.04 _2 0.08 TWENTY-THIRD STREET SOUTH PACIFIC AVE.TO 0.01 S/ 0.01 2 0.02 TWENTY-THIRD STREET 8'NE/TO 191'NE/O NORTH PACIFIC AVE. 0.04 2 0.08 WARNER AVENUE 0.01 S/0 NORTH PACIFIC AVE.TO 003 N/ 0.03 2 0.06 WARNER AVENUE(W1/2) 0.04 S/TO 0.01 SI NORTH PACIFIC AVE. 0.03 1 0,03_ Total 4.8525 9.675 2 Facilities Transfer- Signs FRIN �WS ALLEY-BTWN 23RD&24TH 'ALLEY NO iNORTH PACIFIC 'AVE 3/6/1985124x24 R1-1 IRI H --------------- 3/,6/,19.85 ALL EY-BTWN 24TH&25f ALLEY NO NORTH PACIFIC ;AVE 124x24 R1-1 INR26PT WS :ALLEY.BTWN­2�fk'1­��fk'St Y �NO MIRTH _12x18 j1ki1_.­_.11..,.,__-, I ............ ki&H ST ALLEY tNO 'NORTH PACIFIC AVE INR26PT ;ES ;ALLEY-BTWN 25TH&26TH ST ALLEY NO NORTH­Px�&ViC� 11 2x IR28 ES -BTWN 25TH&26TH ST JALLEY NO NORTH PACIFIC L iRl WS ., 'OiAW3Rb k4fk St ':ALLEY ! NO NORTH PACIFIC ;AVE 3/611985 30x30 R1-1 R 1 !WS !ALLEY-BTWN 14TH&15TH�t ALLEY_ 'NO ��6ktIH i5A61FIC' `X...V E' rR1 :WS iALLEY-BTWN 15TH&16TH ST :ALLEY NO NORTH PACIFIC AVE 30x30 R1-1 :R1 WS ';ALLEY-BTWN16TH&17THST ALLEY NOjNORTH PACIFIC 'AVE 6/18/1968,3040 tR1-1 iR28 IALLEY NO 17 ALLEY, ,NO !NORTH PACIFIC :AVE 6/18/ 8 12x18 L iRl WS ALLEY-8TWN 26TH&AiZb 'ALLEY NO NORTH PACIFIC :,_AVE 6/18/19683040 1R1-1 WS A28 iWS ALLEY-BTWN26TH&ANDERSON ALLEY �NO :NORTH PACIFIC 6/18/1968 12x18 I , IR ................- I 1 1 . - I... . .1 1 1...... 1 1.. 1... ­ -, . '­' iPASCHALLS 1N NORTH PACIFIC 'AVE 1/29/1985 3040 R1-1 ,R26 'WS 1PASCHALLS ILN NO !NORTH PACIFIC I_4'V`E 3/6/1985 12x18 Al :WS ALLEY-BTWN !NO 'NORTH PACIFIC AVE 3/6/1985 3040 �R`1-1__ _S&Rd"_'71 ki .R1 WS [A:7��L WN�Twi'kk ALLEY NO �t ORTH PACIFIC ..........------ .......... . ..... .WS JALLEY-BTWN 9TH&1 OTH ST !ALLEY, NO NORTH PACIFIC 3/6/198530x30 1R1-1 JR1 US !ALLEY.BTWN 8TH&9TH..ST 3/6/1985 2424 NO NORTH PACIFIC iAVE 4RI-1 ................ ;WS 1 ALLEY-BTV\tN 1 OTH&11 TH ST IALLEY INO NORTH PACIFIC AVE .......... 1 WS r)cLuFy.Bfwwiifk&12THST ,ALLEY INO NORTH'PAdlk AVE 3/6/19853040 Al-1 WS Al JALLEY-BTWN 14TH&BROADWAY !ALLEY INO NORTH PACIFIC 'AVE 9/23/196824x24 iRl-1 ...........1"66.-­­. .......... �NR39 ISS 1BAYVIEW iDR BROADWAY 18x24 i j1---------- ------ ............. IR28 SS 1BAYVIEW DR IE0 !ALLEY @ 16875 ALLEY i 12xl 8 i ............ ......1.-1 1...­.....�I I ­... I I ��... .. I I... .....i .......... 'SS ,DR BROADWAY R1-1 1BAYVIEW 2024 3NR39 SS 1BAYVIEW DR !EO BROADWAY 18x24 1 8x 24"' ii�R3 tBAYVIEW AVE .... ................. ......................................... !EIGHTEENTH 'ST so SOUTH PACIFIC iAVE 8/25/1994 18x24 1- 1R a. ............ WS !EIGHTEENTH 'ST INO ',,NDRTH PACIFIC !AVE 211/1985 30x30 imo 6,L 'so 8/25/1994 18x24 ........... ...... .......... 'jx ............ J LR JR`I WS }EIGHTH �ST 'NO NORTH PACIFIC AVE 2/1/1985 3040 iRl-1 R26T MO 'ELEVENTH ST. so SOUTH PACIFIC" ­ AVE' '8/_2­5_/1.­99.4­1_8x_24 1LR !WS ELEVENTH ST INO MIRTH PACIFIC :AVE 5/14/1980 30x3O �RI.1 ! ............. ..... ................. R ;NORTH PACIFIC�NO ;AVE 2/1/1985 30x3O RI-1. Facilities Transfer- Signs r ., >i:•' ,ny _a,;,a.s UC��� Yxa. AVE 1/29/1985�30x30 R11 'R10A---_------., .WS (FIFTH ST NO SOUTH PACIFIC ES_ FIFTH ST NO AVE 2/111985124x18 R6 2 R1 _. WS __._.._ _ . FOURTEENTH ST NO ,R1 WS FOURTH ST NO NORTH PACIFIC AVE 1/20/1969 30x30 R1 1 fR1 1NS NORTH PACIFIC AVE _ EO �ANDERSOW_N ST 3NR26PT NORTH PACIFIC AVE ANDERSON ST 11//2299//11998855"3120xx318 1R0A SS NORTH PACIFIC AVE 'EO �ANDERSON ST 2/25/198524180 RR61 2 .. .. 1 __.. .,. ;G93 NS NORTH PACIFIC AVE EO �ANDERSON ST 1/2_9/1985 24x18 FD11-1 _ ..__.__ _ ____..._._._...... _.�_.1_. __...__ .._._ R2 SS NORTH PACIFIC AVE WO BROADWAY 1/29/1985 24x30, R2 1 15 IR1 :NS NORTH PACIFIC AVE E0 BROADWAY 1/29/1985'30k30 R1 1 __.,_.._........L_...._.....,...,W_...� _ _..,.... _.__....... .. _ f._ {NR26PT ,NS NORTH PACIFIC AVE IWO BROADWAY _ _..,...__._.,_.,,_....__ 1 0/30/1 97311 2x18 T 993 y NS !NORTH PACIFIC AVE EO EBROADWAY 24x18 D11 1 ?R10A...w.. „ SS !NORTH PACIFIC AVE EO f BROADWAY 10/30/1973 24x18 R6 2 INR26PT ;NS NORTH PACIFIC ;AVE EO FIFTH ST 1/29/198512x18 ? _ ........ ...,_,__._. ... ........._....,_._....... ,_ ._.. ._ ., .._. ...._.. .,.._ .,. ._....a_.,_,.,._,..,_._._..._..,..._a..............n NR26PT._ 'S_ .. NORTH PACIFIC WAVE :EO FIFTH ST 1/291198512x18 .. _....._..,... NR26PT NS NORTH PACIFIC AVE $�A�t O EIGHTEENTH ST 1/229/1985 12x18 A INR26PT NS !NORTH PACIFIC SAVE _.___ EIGHTEENTH ST �12x18 R10A ISS !NORTH PACIFIC AVE EIGHTEENTH ST 10/30/197318x24 R6 2 NR26PT NS NORTH PACIFIC iAVE +WO EEIGHTH ST 1/29/1985 1208 a 'NR26PT ISS ;NORTH PACIFIC AVE WO EIGHTH ST 1/29/1985 12x18 ? L ., _...,..._..,.,,...._._..........,. NR26PT ;N5 !NORTH PACIFIC AVE EO EIGHTH /1985 ST 1/29 12x18 _.._ ;R10A SS NORTH PACIFIC PAVE EO EIGHTH ST 24x18 R6 2 !NR26PT NS..............__","NORTH PACIFIC w .__..., AVE. ,..,, „ rE(O 1ELEVENTH ST,. _.,.,,,,,,,,.....,c12x18,,.,,.,__,,,,,.,....w._ r �....w,.�... !R10A SS {NORTH PACIFIC AVE AT ELEVENTH ST 1/29/1985i24x18 R6-2 IR10A_ o8S ^tNORTH PACIFIC PAVE [AT FIFTEENTH _. ST 1l29/1985 24x18 Rfi-2 'R NR26PT INS !NORTH PACIFIC AVE WO FIFTEENTH ST 1/29/198512x18 _. _ , _,..,..,,,..._, .._.._..,._,...„,,,, ".._,.....,_......._........................ :NR26PT NS !NORTH PACIFIC ''AVE EEO FIFTEENTH 1ST 1/29/1985 12x18 IG93 NS NORTH PACIFIC AVE EO FIFTEENTH ST 12/12/1996`18x24 D11-1 INR26PT NS NORTH PACIFIC !AVE EO FIFTH ST 12x18 NR26PT N5 NORTH PACIFIC AVE EO FIFTH...,.,._,._.... ..,,.. ST ....,., _...,._.,......_ .............�12x18 ........... !NR26PT N5 - NORTH PACIFIC ,AVEWO FIFTH ST 1/29/1985 12x18 ' �,_.____,.._,.. ._.......... . .. _....,......,. RTH IC �AVE G93_.................. NM��..,.,.,.,,._. ._;.NORTH PACIFIC AVE IA O SIXTH .. ..._._. ST 18x24 ;D11-1 I R10A 0 0 CF !FOURTEENTH ST 3/5/1980 24x18� R6-2........._..____._...I _ ..w _..._._.�_ __. _ _..,.,..,,,_.._........�..1...,.. _,.,.,_- �.,_._.._....__.,.w.� ,. _ __..._._.., �..._. ...._... ._.� NR26PT .........._ANS.._........... ...NORTH PACIFIC.,.w..r.. .,......,....,... ..,.....r,. IAVE......... .... ............TWO........_.,I,FOURTEENTH.......... ... .....ST 1/29/1985p12x18._....._!'._..,._....._.......,.._................,............_.; 2 Facilities Transfer- Signs NR26PT INS ,NORTH PACIFIC AVE W0 ;FOURTEENTH ST 6/3/1980 12x18 ,ry ' �R2 w_._._......__.....-SS NORTH PACIFIC __... AVE LL !AT FOURTH ST 1/29/1985 24x30---m R2-1 _. 15 I_2 _ _l_,.___.PACIFIC_..._._.. ... _..._. - NR26PT NS 'NORTH PACIFIC AVE ;WO FOURTH ST 10/30/1973 12x18 m.._...T _. _ _ !NR26PT NS NORTH PACIFIC AVE TWO FOURTH ST 10/30/1973 12x18, �- NR26PT, NS NO; RTH PACIFIC "AVE _.. ;EO :FOURTH IST 1/29/1985 12x18 R10A SS jNORTH PACIFIC AVE AT FOURTH «ST 1/29/1985 24x18 R6-2 [NR26PT SS NORTH PACIFIC AVE AT iFOURTH iST 1/29/198 12x18 [NR26PT !NS.._______...... . ,_.._.. ....._. !,NORTH PACIFIC AVE '„W0 NINETEENTH ___._. .....'ST,._......, 1/29/19855,112x18 !NR26PT NS !NORTH PACIFIC AVE WO NINETEENTH ST 12/12/1996`12x18 !R2 SS fNORTHPACIFIC AVE 'WO NINETEENTH ST 12/12/199624x30 R2-1 15 INR26PT NS rNORTH.PACIFiC AVE EO :NINETEENTH :ST 1/29/1985�12x18 ` iR1 NS iNORTH PACIFIC iAVE ;EO NINETEENTH ST 3/5/1980�30x_30 'R1-1 693 NS NORTH PACIFIC 'AVE <EO NINETEENTH ST 18x24 D11-1 1....�._.__._..._.... , S'-'_.__._-_....._......_..___...�.__.._._.__ ...... .._...... .... .... .f__. .... ... .. .... .. .... ._ .. . ..... R10A SS NORTH PACIFIC AVE AT NINTH ST 10/30/1973 18x24 R6-2 ._._._. ._....__ ...___._._.__.__._..._..__,..,...__.,, NINTH "ST 12/12/1996�12x18 SS NORTH PACIFIC AV NR26PT E E WO NR26PT NS 1NORTH PACIFIC ,AVE EO 1PASCHALLS ,LN 1/29/1985 12x18 - 993 NS NORTH PACIFIC AVE WO ;SECOND ;ST 1/29/1985 24x18 D11-1 TYPE N NS NORTH PACIFIC iAVE jEO SECOND i 6M1 3 '2 R2 kNS !NORTH PACIFIC 'AVE :EO !SECOND ST 2/25/1985 24x30 R2-1 ;15 NR26PT ;NS NORTH PACIFIC AVE !WO SECOND ST 1/29/1985 12x18 W56 NS NORTH PACIFIC AVE EAT 'SECOND !ST 10/30_/1973136x18 W1-_7 NR26PT 'MO 'NORTH PACIFIC AVE WO SECOND ST 1/29/1985 12x18 ._, ._..._.. .... ......... ........ . - ,NS _... j_.... _. _.__...__ NR26PT NORTH PACIFIC AVE WO SECOND ST 1/29/1985 12x18 NR26PT HMO NORTH PACIFIC .AVE EO SECOND ST 1/29/1985 12x18 E _.. _._.._...__.____... j .. , R10A SS NORTH PACIFIC AVE WO (SEVENTEENTH ST 2/1/1985 24x18 R6-2 i -- _.._,.-_.._...._. _._ _._,.. R10A _'NS NORTH PACIFIC !AVE WO SEVENTH ST 1/29/1985 24x18 R6 2 NR26PT NS NORTH PACIFIC ,AVE WO ST 1129/1985 12x18 ........_.___.__._ ____...____._ _._... ....` .. ...Y ... .....F. .. .. .. .q.... R2 SS NORTHPA_CIFIC .AVE IWO =SEVENTH ST 1/29/198524x30 IR2-1 `15 .. .,....._WS ...._..._....._..SIXTEENTH.,. ST..... . . ...... . ..NO .. ........NORTH PACIFIC ... 'AVE.... 1/29/1985 12x18.. NR26PT .. . .._ __... ...� - NR26PT 'NS INORTH PACIFIC - 'AVE EO SIXTEENTH 5T _«._.. 1/29/1985 12x18 R10A NS `NORTH PACIFIC AVE EO iSIXTEENTH ST 2/1/1985 18x24 R6-2 R10A_ SSNORTH PACIFIC AVE AT SIXTH AVE 1/29/1985 24x18 R6 2 NR26PT NS_._., ;NORTH PACIFIC___. AVE WO SIXTH ,ST 1/29/1985 12x18 <NR26PT NS ;NORTH PACIFIC AVE ,EO SIXTH ST 1/29/1985 12x18 3 Facilities Transfer- Signs 990G �a" A mmam" f jamm"m Mo INR26PT NS NORTH PACIFIC AVE EO SIXTH ST 12x18 p.._ _.._ ._..._...... .,._., .. ................... _.... ., ........................,....�. _...,,., !....,.,_.., ;NR26PT ,NS ;NORTH PACIFIC AVE WO TENTH ,T 1/29/1985 12x18 NR26PT NS ;NORTH PACIFIC AVE 1W0 TENTH ST 1/29/1985 12x18 ;NR26PT 1NS NORTH PACIFIC AVE _ 'WO :TENTH 'ST 1/29/1985 12x18 � ____...... _ _.... ... ST 10/ /19 12x18 INR26PT ;NS ;NORTH PACIFIC ,AVE _ „ _ jEO TENTH IG93 INS !NORTH PACIFIC AVE EO TWELFTH ST 12/12/1996 18x24 D11-1 ; INR26PT INS ,NORTH PACIFIC AVE EO TWELFTH ST 12x18 1NR26PT INS NORTH PACIFIC 4AVE TWO TWELFTH T ST 1/29/1985 12x18 ;NR26PT NS NORTH PACIFIC AVE TWO TWELFTH ST 12x18; _ (R10A SS NORTH PACIFIC AVE AT TWELFTH ST 1/29/1985 18x24 iR6-2 NR26PT NS NORTH PACIFIC AVE EO TWENTIETH ST i12x18 1NR26PT NS „NORTH PACIFIC AVE WO TWENTY FIFTH ST 1/29/1985 12xl8 �NORTH PACIFIC :AVE ;WO TWENTY FIRST ST G936PT NS NORTH PACIFIC AVE S 10l30/197312x18 NR26PT �NS NORTH PACIFIC AVE iEO TWENTY FIRST ST 12/121199618x2 ,D11-1 WO i FIRST ST 1/29/198512x18 - R10A SS NORTH PACIFIC AVE ,AT' <TWENTY FIRST ST 6/1/198808x24 R6-2 R NR26PT NS NORTH PACIFIC AVE 'WO TWENTY FOURTH ;ST 1/29/1985112xl8 FR10A iss NORTH PACIFIC AVE AT TWENTY FOURTH ST 1129/1985124x18 R6 2 _. ... .... `NR26PT ;NS .NORTH PACIFIC AVE WO TWENTY SECOND ST 1129/1985g12xl8 I NR26PT NS NORTH PACIFIC !AVE ;EO TWENTY SECOND ST 1/29/1985 12x18 IR2 iss ANORTH PACIFIC AVE TWO TWENTY SECOND ST 1/29/1985 2430 `R2 1 15 INR26PT NS NORTH PACIFIC _ _ AVE EO TWENTY SIXTH ST 1l29/1985 12x18 1R10A lass 'NORTH PACIFIC AVE 'AT TWENTY SIXTH ST 1/29/198 18x24 R6-2 1 ,,,.,._,.r....,,.._.................,.W.. .,....,_........_.......,. �d ...... ......,._,....,......_.... ...,....`G. ... NR26PT NS NORTH PACIFIC AVE WO TW _.._._. _...8 _....._` ENTY TH IRD ST 1/29/198512x18 $G93 NS ;NORTH PACIFIC AVE WO TWENTY THIRD ST 18x24 D11 1 'INR26PT ;NS NORTH PACIFIC AVE EO TWENTY THIRD ST 1/29/19.85 12x18 .. R10A iNORTH PACIFIC AVE ;EO TWENTY THIRD ST 10/30/1973.18x24 R6-2 TYPE N 'MO JNORTH PACIFIC AVE TWO WARNER AVE 1/29/1985I18x18 OM1-3 R1 MO ;NORTH PACIFIC AVE W0 WARNER AVE 1l29/1985 30x30 %R1-1..-. ... ............ .. ..__w.._.., ,,....... . ..... INR26PT NS NORTH PACIFIC AVE 35/1980 12x18 WARNER ! INR26PT ;NS ,NORTH PACIFIC ,AVE 'WO ;WARNER AVE 1l29l198512x18 `NR26PT NS NORTH PACIFIC AVE `WO WARNER' AVE 1/29/1985 12x18 iR1 SS NORTH PACIFIC SAVE WO WARNER AVE 10/30/1973°30x30 R1 1 R26T iM0 .NINETEENTH ST ,SO SOUTH PACIFIC AVE ..,,_ 8/25/1994 18x24 ;LR 4 Facilities Transfer- Signs R1 _ WS _ NINTH ST NO NORTH PACIFIC AVE 10/1/1968 30x30 R1 1 �R2?NS SOUTH PACIFIC AVE ,EO TWENTY SIXTH ST 1/29/1985 24x30 ff ...__,.,..._..,-,...,._.__. ___.._..._ NR26PT iSS SOUTH PACIFIC AVE 3EO :TWENTY SIXTH ST 1/29/1985 12x18 4._._..._._........ ..-.,_,__-•.,- _.....,__...n...... �_.v.m...._.._ .,. ..., _. ,. iG93SS SOUTH PACIFIC SAVE EO TWENTY SIXTH ST 1 2/1 111 998?18x24 D11-1 R2 NS- ,._8x ,..__ ___..------- NR26PT SS +SO THUTHU PACIFIC_.._.._._._........ �. AVE_.... _ ..,WO BROADWAY 1/2 !SOUTH PACIFIC 0 BROAD 24x30 i WAY _... . ._ .. ... ..9/1985�12 _. R2'�... „„_....._.. fR1 SS ,SOUTH PACIFIC SAVE WO BROADWAY 10l30/1973€30x30 R1 1 iR10A SS !SOUTH PACIFIC AVE `WO +BROADWAY 16/30/h9-3[24x18 R6-2 NR26PT SS 'SOUTH PACIFIC AVE EO iBROADWAY 1/29/1985112xl8 1R26T SS 0GHTEENTH �ST !AT ;SOUTH PACIFIC AVE 1/29/198512x18 'LR NR26PT NS ;SOUTH PACIFIC_ AVE iW0 1EIGHTH 'ST 1/29l1985 12x18 RR-26PT" FIC _ AVE WO -- SS SOUTH PACT EIGHTH ST 1/29/1985,12x18 9 93 S5 'SOUTH PACIFIC AVE WO EIGHTH ST 12/11/1996118x24 D11-1 W _..... ... ... ..._......_ ..... ,R30S SS 'SOUTH PACIFIC .AVE :AT ;FOURTH ST j18x24 G93 ;SS 1SOUTH PACIFIC ,AVE EO BROADWAY 18x24 1D11-1 ;R28 SOUTH PACIFIC , lEO 12x18 ;L .S_..S..... 4 �R26T SS ELEVENTH ST AT SOUTH PACIFIC ,AVE 1/29/1985j1208 ,LR NR26PT iSS ;SOUTH PACIFIC AVE MO ELEVENTH _ ST _ +1208 !NR26PT WS FIFTEENTH 'ST 'SO SOUTH PACIFIC AVE 1/29/1985 12x18 jNR26PT MO SOUTH PACIFIC 1AVE fEO FIFTEENTH ST 1/29/1985 12x18 _.._.._. .... .. .... .. _...�.._-____.._....._ .. - _ a . G93 SS SOUTH PACIFIC AVE SAT FIFTH ST18x24 D11 1 1NR26PT iss ISOUTH PACIFIC AVE WO FIFTH iST 12/11/1996�12x18 NR26PT NS SOUTH PACIFIC AVE WO FOURTEENTH ST _ 1/29/1985i1208 NR26PT SS :.SOUTH PACIFIC ;AVE ;WO ;FOURTEENTH ST 1/29/1985i12x18 {NR26PSOUTH T L..,. NS _.._.......t_.._..__..__.__._._.... .., ., AVE AT FOURTH 1911985 12x18 .__.....,., NR26PT ;SS SOUTH PACIFIC AVE !AT FOURTH ST 1l29/198512x18 lR1 SS SOUTH PACIFIC AVE 'WO NINETEENTH :ST 1/29/1985 30x30 R1-1 ; 1.......... ..... _._.... ..__.... . ., NR26PT SS . _,_,.....__...._..._NS_.. .._..__�'.S_O_U..TH..,PACIFIC -,......,.._._._.,_._.._._. ,_,.._.._.�S..A..__VE_.....,..., 'NINETEEN_T._H SST T _... _.._..__._..._..._....,.._.....,.1/29/1985 /29/1985_1_2 x_1.,8 ;SOUTH PACIFIC :AVE 1EO ST 1/29/1985 2440 . ... R2-1.1 05RZ 8524x18 D11;SOUTH PACIFIC 1,EO 'NINETEENTHG93 1ISS a .. ._._ NR26PT SS 0 TH PACIFIC AVE €EO jNINETEENTH ST 1/29/1985 12x_18 IG93 SS T_ NIINTH OUTH PACIFIC AVE AT ;NINTH ST 1/29/1985 18x24 D11 1 NR26PT SS SOUTH PACIFIC AVE EO N NTHH PACIFIC ;AVE 1/29/1985 12x18 SLR m...,_ _... ..,...._W.. ._._,...._ 12xl8 5 Facilities Transfer-Signs ,�,�, -M- rMMMISM A. v,r, .,V 5ll� ,., M r� ',, R41 �NS ;SOUTH PACIFIC 'AVE (EO SECOND ST 1/29/1986 30X36 4_...._.___..__..___.._..... ..._....__.__.___ _._.. ,.___._....__..__.__..._.__.__..._._... _ ,_. __.__... ..--...._.....__,K._... _.._ .__.,.,..,_.—. NR26PT SS .SOUTH PACIFIC ?AVE sE0 SECOND ST 1/29/1985 12_x16' jNR26PT SS ySOUTH PACIFIC `AVE EEO SECOND ;S7 IG93 SS SOUTH PACIFIC AVE !WO SECOND ST I24x18 D11 1 P S _ _....." _ . �..._._ NR26PT SS SOUTH PACIFIC AVE jW0 'SECOND ST 12xl8 NR26PT SS ;SOUTH PACIFIC AVE ;EO SECOND ST 12x18 t.....,...................................... ......... ..._...._.. ..., ... _.......... .. ..p.. ..... .I SEVENTEENTH .. .. 4. ..... .. .... .t .. !R26T SS (SOUTH PACIFIC AVE AT SEVENTEENTH ST 1/29i1985+12x18 - LR ._... .. INR26PT ASS ;SOUTH PACIFIC 'AVE IEO SEVENTEENTH ST 1/29/198&12x18 IG93 SS !SOUTH PACIFIC .AVE AT SEVENTH ST 1/29/1985!2418 D11-1 R10A SS SOUTH PACIFIC 'AVE AT SEVENTH ST 1/29/1985 24x18 R6-2 . _.__ __._.... SOUTH PACIFIC R26T MO ISEVENTH 'ST `SO AVE mm8/9/1979112x18 ;- _ 1R (R26T MO SIXTEENTH_-. . ST..... S0 SOUTH PACIFIC AVE I12x18 LR„ G...._..,..,_._,._......,......_._..W...._,...,....._...,..... ......�.......,, . „ .... NR26PT ISS SOUTH PACIFIC iAVE WO SIXTEENTH ST 1/29/1985 12x18 R26T ISS SOUTH PACIFIC AVE AT ,SIXTH ST 1/29/1985 12x18 LR NR26PT 'SS SOUTH PACIFIC AVE EO SIXTH S7 1/29l1985�8 IR_26T !SS ';SOUTH PACIFIC AVE AT THIRD ST 1/29/1985 12x18 1R 'NR26PT SS SOUTH PACIFIC AVE AT TWELFTH _.,. _ — ST 12x18 (NR26PT ,SS 'SOUTH PACIFIC AVE TWO TWENTY FIFTH ST 1129/1985�112x18 .._..,.«.........,_............_......._....k........«....................._.......w........«,._........._........,,.. ........_...__. ......................__..,...._...,...... ...._.�. ... .........,...,...,..".,.«.�...-.... ............,._..........,,...o- _., ...,...,.,.,.,.._........, . „ 1R10A SS ._ .._ ,SOUTH PACIFIC AVE ;WO TWENTY FIFTH ST 1/29/1985,24x18 R6 2 G93T NSO "SOUTH PACIFIC AVE SAT 'TWENTY FIRST AVE 1/29/19 ! i xS0 5 12x18 LR SOU 8 TH PACIFIC FIRST ST 10/301197324x18D11-1 =NR26PT .SS._.._._..j, _,'... ,.._,,.. ENTY R_S_.,,.T..._...__ ._..ST_....,._ ....,_,_.�..,....._.__.,,.�. 1_9 7_3..1.2.x..1..8 NR26PT ;SS SOUTH PACIFIC AVE FEO TWENTY FIRST ST 1/29/19 NR26PT ;SS SOUTH PACIFIC AVE EO ;TWENTY FIRST - ; 'ST 1/2 911 9 8 5�12x18 — : NT R10A 5S UTH NR26PT SS SOUTH PACIFIC AVE WO TW ST F12x18 _ PACIFIC AVE MO TWENTY SECOND ST 1/29/1985118x24 R6-2 __._...._... .. .........._..._.,_�SO_.,. . NR26PT SS 'SOUTH PACIFIC AVE IWO ;TWENTY SECOND ST 1/29/198512x18 _....-.......__._._.__.._.._. E._... [NR26PT lSS SOUTH PACIFIC :AVE !EO 'TWENTY SECOND ST 12/11/1998 12x18 !NR26PT SS ;SOUTH PACIFIC AVE WO T . 1. 1...._...._.,_._,._..... [G93 SS ISOUTH PACIFIC AVE EO :TWENTY THIRD ST 1/29/1985 24x18 D11-1 N". .... ..W., _._ _ w_ ,. x �R1 MS SEVENTEENTH ST NO NORTH PACIFIC AVE 2!7/1985 30x30 R1-1 R30S 'WS SEVENTH ST DSO COAST :HWY 8/25/1994118x24 �R1 ES !SEVENTH _ ST .SO NORTH PACIFIC AVE 9/3/196824x24 R1 1 _.... .......... , ........ ,.M.......,,..,., IR1 WS SEVENTH ST ;NO NORTH PACIFIC AVE 9/3/1968 30x30 R1-1 6 Facilities Transfer-Signs ..__..,._._._. _... WS UR SEVENTH _._ 'ST I N0»' 4- a, A:a,,,,,.,.. ; ' � 'SOU H PACIFIC .AVE I 2/7/1985 30x30 R1-1 IR1 WS SIXTEENTH ST N0NORTH PACIFIC AVE 2/7/19' 0 30x30 �Rl-1 X_ ._., _ .,.. ,.__....__ _w• ..,_......,,,,....,,._,,,,,,, I, ES �SIXTEENTH S� ISO 'NORTH PACIFIC ;AVE 2/7/1980 30x30 R1-1 .. {R10A ...._„_,_.....WS...._-.___ !SIXTEENTH .,._._._,._....._. . �.. No. .. .•._..__-a... ......__..__...__ �._.__._.. ...__.,.. __,.�.._ ._.,,.�_...._...�....._.__................................._.,.......: SOUTH PACIFIC iAVE 12/11/1996 18x24 R6-2 +R1 WS ISIXTEENTH ST 'NO SOUTH PACIF11"I'llICI'll AVEI'll 2/7/1980 30x31111111.1­10 IR1-1 R1 '11.111111111111111WS SIXTH STNO NORTH PACIFIC AVE 5/13/1968 30x30 R1-1 IR1 PS 'TENTH ST No NORTH PACIFIC AVE 1/29/1985 24x24 R1-1 R1 ES TENTH ST SO NORTH PACIFIC AVE 1/29/1985(30x30R1-1 R10A 1ES ITENTH IST ,SO !NORTH PACIFIC AVE 1/29/198524x18 R6-2 R1 NO ;SOUTH PACIFIC 'AVE 1/29/1985 3040 R1-1 R1 1WS 1TWELFT14 1§t NO NORTH PACIFIC AVE 1/10/1969130x30 fR1-1 R26 bES _.., !TWELFTH __....,.., ,,....,,., ST...,.,.._. ,.... ., ,NO :NORTH PACIFIC AVE 2/25/1985{12x18 I _, �. R26T 'MO !TWENTIETH ST ?SO ;SOUTH PACIFIC IST 8/25/1994 12x18 ' LR R1 ;WS TWENTIETH !ST 'NO NORTH PACIFIC AVE 12/27/1968 3000 1R1 1 R26T HMO TTWENTY FIFTH ;ST SO SOUTH PACIFIC iST 8/25/1994 12x18 1 H !ST SLR IR WS TWENTY FIFTH NO NORTH PACIFIC AVE 2/25/1985 30x30 R1-1 L ....._.. _..._..,.,._........ ....._.,.,,,.., .....,, „ ,.,,. _._.,._. „,,,. ..., ,.. �1 .. R1 ES TWENTY FIFTH iST !SO i NORTH PACIFIC AVE 2/25/1985 30x30 R1 1 R10A ES ITWENTY FIFTH ST SO NORTH PACIFIC AVE 12/12/1996 18x24 R6-2 R1 ,WS TWENTY FIFTH ;ST NO �SOUTH PACIFIC AVE 2/25/1985 30x30 Al-I 1. NR26PT .MO TWENTY FIFTH SST ISO !SOUTH PACIFIC AVE 2/25/19_85 12x18 R1 _ WS TWENTY FIRST ST NO NORTH PACIFIC AVE _ 2/25/1985 3040 iR1 1 526T ,MO TWENTY FOURTH SST SO SOUTH PACIFIC ST 8/25/1994 18x24 ELR R1 WS TWENTY F TH - OUR ST NO NORTH PACIFIC AVE 5/2 /1 7 30x 0 1 1 !0 9 1 3 R R26T i- TWENTY SECOND ST SO SOUTH PACIFIC ST 8/25/1994 18x24 1LR _._.._... . f.._...... ........• _._. _..w._.__._.._... _. R1 WS TWENTY SECOND ST NO NORTH PACIFIC AVE 12/27/_1968 30x3_0 IR1-1 [._.___. _..._.....,.._.__._._ ._�___ _.__..._.___ ..__... .. [RI-_ ES SECOND ST SO :NORTH PACIFIC PAVE 2/25/198530x30 R1 .WS �^ ;TWENTY SECOND ;ST �NO ;SOUTH PACIFIC ,AVE 2/25/1985 30x30 ;R1-1 i _,._........................... !R26T MO TWENTY SIXTH 'ST SO :SOUTH PACIFIC :ST 8/25/11­1111994 18x24 ILR I..... _._ _ .,_ AVE „5/20/1971 30x30 1R R1 WS ,TWENTY SIXTH ST NO !NORTH PACIFIC 1-1 _ }M,,,_... H PACIFIC ST 8/25/1994 12x18 SLR R26T_.,_..,, ._. WS TW_ENTY THIRD ST NO NOUT,,, _,...... _._..... _..,w ,.._ ,_.,_..... ._,.. ORTH PACIFIC AVE 2/25/1985�30x30 tR1-1 ;R26 WS tWARNER AVE ;SO NORTH PACIFIC ;AVE 4/18/1968(12x18 t_...._...... .. sBRO_ADWAY 24x30 R21 15 R2 NS iBAYVIEW DR `WO ., _ ,NR26PT ,WS ;ALLEY-BTWN 8TH&9TH ST ALLEY iso NORTH PACIFIC AVE €12x18 7 Facilities Transfer- Signs R28 ;WS ALLEY-BTWN 10TH&11TH ST ALLEY NO NORTH PACIFIC AVE 12x18 R fi 4R28 WS !ALLEY—BTWN 10TH&11TH ST ,ALLEY INO NORTH PACIFIC AVE '12x18 - L `WS !ALLEY-BTWN 14TH&BROADWAY ;ALLEY xNO NORTH PACIFIC ;AVE :18x24 R6-2 (R1................. jWS FOURTH ST NO SOUTH PACIFIC AVE 30x30 R1-1 R10A WS IFOURTH ST ENO �SO"TH PACIFIC AVE 18x24 R8 2 lR26 ES PASCHALLS LN NO NORTH PACIFIC AVE 12x18 R26 ES !PASCHALLS LN }NO :NORTH PACIFIC AVE 12x18 iNR26PT SCHALLS LN NO NORTH PACIFIC SAVE 12x18 ,..,_.._. PA _.... W PA , N NO NORTH PACIFIC AVE :12..... R26 ES SCHALLS LN NO NORTH PACIFIC AVE 12x18 R26 ES PASCHALLS L `R26 ES !PASCHALLS LN ;NO `NORTH PACIFIC AVE °12x18 R26 E ,PASCHALLS LN NO NORTH PACIFIC" AVE 12x18 '"" ._..,,. S R10A WS ALLEY-BTWN 15TH&16TH ST ALLEY NO NORTH PACIFIC AVE 18x24 R6-2 R26 ES ALLEY BTWN 15TH&16TH ST :ALLEY NO NORTH PACIFIC AVE 12x18 _..__. 'NR26S MS ;ALLEY-BTWN 16TH&17TH ST ALLEY NO NORTH PACIFIC AVE '12x18 R10A WS NINETEENTH ST NO _F .. ..._. NORTH PACIFIC AVE 18 x24 R6 2 R10A WS TWENTY FIRST ST NO -NORTH PACIFIC AVE 18x24 R8 2 iR10A WS TWENTY SECOND ST €NO NORTH PACIFIC AVE 18x24 R6 2 R10A WS TWENTY FIFTH ST �NO NORTH PACIFIC AVE 18x24 R6-2 R26 WS ;ALLEY BTWN 25TH&26TH ST ALLEY !NO 'NORTH PACIFIC AVE `12x18 Y- _ ...._.,..,.., f R28 WS !ALLEY-BTWN 25TH&26TH ST jALLEY NO I NORTH PACIFIC AVE 12x18 L ;R28 `:ES ;ALLEY-BTWN 26TH&ANDERSON ALLEY NO `NORTH PACIFIC AVE a12x18L �!R26 !ES ALLEY-BTWN 26TH&ANDERSON :ALLEY 'NO NORTH PACIFIC AVE 12x18 _.i_. ._.._ R28 ES ALLEY-BTWN 26TH&ANDERSON ALLEY NO FNORTH PACIFIC AVE 12x18 R ..,..... „y _..... __1_._..._..,...._._..."-- "---- ......_._.. .. .. _ .... ., W53 iss BAYVIEW DR tE0 BRO' ADWAY 053 NS BAYVIEW DR EO !BROADWAY 30x30 !R2 NS i EW BAYVI D __,..,.. R I EO !BROADWAY ,„ 24x30.. 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R 0A mµ WS TWENTIETH iST iNO 'NORTH PACIFIC iAVE 2/20/200_2 18x24 R6 2 R10A MO (TWENTIETH ST (SO INORTII PACIFIC ;AVE 2/20/2002 18x24 R6-2 ... ..,9...."__.._._._........._ .. p R28 _ ES EIGHTEENTH ST ,SO 'SOUTH PACIFIC AVE 6/18/2002 12x18 IR ISW1 SS _ SOUTH PACIFIC ST TWO......, BRTH .ST_..._... ..._ 8/10/2002 30x30 _..,. _ _._.__.._FI _ _ ~. ..._..,_._ OADWAY 2/23/2005'18x24 W4-4P ,NS SOUTH PACIFIC AVE EO !FIFTH W15-1 �,..... (_ ._._..._..__ .. _ SS +NORTH PACIFIC AVE THIRD . _ . 8/_.10./2002 3_0.x .0. . .W. _1..5-1 _...... i _...._..... R48-1 NS !NORTH PACIFIC ;AVE ;EO ,SECOND 1ST 10/23/2002 1244 IR48-1 SS NO WRT PACIFIC _ AVE i1N0 �BROADWAY 10/23/200212x24 -1 r 3/20- IR48-1 NS {SOUTH PACIFIC AVE CEO T WEN TY SIXTH ST 10/23/2002 12x24 r _.. __..._......,,,, R48-1� :NS SOUTH PACIFIC AVE EO BROADWAY 10/23/2002 12x24 ,..,......... .. .. . .. 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COAST HWY 112x18 i M R23 Ms BROADWAY {NO ,COAST �� HWY�� � 12x18 - M R36 :ES BROADWAY €- NO ,COAST HWY 10/28/1997 24x24 - R28 'ES BROADWAY COAST HWY 6/12/199712x18 sR._..,.__.. _- R_._�.. � _ §NO R23 ES BROADWAY NO COAST` HWY �12x18 ..M 11 `ij�; + �'(•Faacil`/i}ti�e'y ems+' Transfer�o Signs �Vy �1� h `"" w �il y ilk I "4 T LfI" 1'iV F' 'Jl �'C,Li „f14:.{','SL k7 Cw l',', ah1� Y 7 ''r 4if P, ,� t k r ".� "l,.un �.�. „I '� ...�el.h%a�" ����� ✓uva,�-�t S,'��'� �,. pR28,..-.......r.r lWS, (BROADWAY_.^A^ NO ,COAST µHWYn V - E12x18 L R28 MS BROADWAY NO COAST HWY 6/12/1997,12x18 L �R23 ES BROADWAY tN0 COAST HWY E12x18 BROADWAY .NO !COAST HWY 112x18 . R26 'ES 'PASCHALLS SO COAST HWY 7/17/198012x18w 1R30S �".__ _ ES�..._ !PARK _._.-.__._._.._ W.HO_. ,COAST... _ _ _.H .__...�.... ....._- 1/18/2001118x24 E W53 ;ES ..._..PARK _ . .. _ ENO COAST HWY 1/29/198&36x36 R28 ES PARK NO 'COAST HWY 1/29/19MUx1g ., R26 WS„ WPARK =NO COAST HWY 1/29/1985,12x18 w , . ;R28 ,WS SPARK ,NO COAST HWY 1/29/198512x18 L 46i ES TWENTIETH ST SO COAST HWY 4/8/19&24x24 SUNSET BEACH PARKING LOT NO �SOUTH PACIFIC SUNSET BEACH PARKING LOT WO `NORTH PACIFIC E 18x30 AVE 118x30 - �S 12 Facilities to Transfer-Other Items Street Lights Size(Lumens) #Lights 5800L HPSV 61 9500L HPSV 3 Traffic Signals (5) -Cost Share Agreement with Caltrans Intersection County Share Pacific Coast Hwy at Admiralty 25% PCH at Anderson/Phillips 25% PCH at Broadway 50% PCH at Coral Cay/5th 25% PCH at Warner 25% Transfer of Maintenance Responsibility Crass Gutters-31 Catch Basins-5 ATTACHMENT #3 RESOLUTION NO. 2010-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING A PROPERTY TAX EXCHANGE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE COUNTY OF ORANGE REGARDING THE SUNSET BEACH ANNEXATION TO THE CITY OF HUNTINGTON BEACH WHEREAS,the City of Huntington Beach("City")intends to file an application with the Local Agency Formation Commission to annex unincorporated territory referred to as the community of Sunset Beach, which is approximately 84 acres and surrounded to the south and east by the City of Huntington Beach,north by the gated community of Surfside,and west by the Pacific Ocean; and California Revenue and Taxation Code Section 99 allows cities and counties to adopt and approve property tax exchange agreements to set forth the exchange of such revenues following the addition to a city of previously unincorporated territory; and Staff from the County of Orange("County") and City have reached agreement, subject to County Board and City Council approval, regarding the exchange of property tax as a result of the annexation of the unincorporated territory by the City,whereby upon annexation by the City, the City shall receive 559617% of the County's share of the 1% basic levy of property tax and the County shall receive 44-0383% of the County's share of the 1% basic levy property tax generated within the area to be annexed, pursuant to Master Property Tax Transfer Agreement 80-2093; and The City shall receive 100% of the Structural Fire Fund and 100% of the Library fund generated in the annexed areas upon annexation;and The County staff and the City staff desire to have the same adopted and approved by their respective governing bodies. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Huntington Beach does hereby approve the property tax exchange agreement reached between the City of Huntington Beach and the County of Orange, whereby, upon completion of the annexation of the Sunset Beach unincorporated area to the City of Huntington Beach, City shall receive 55.9617%and the County of Orange shall receive 44.0383%of the County's share of the 1% basic levy of property tax from the annexed area pursuant to Master Property Tax Transfer Agreement 80-2093. 09-2351.002/47193 1 Resolution NO. 2010-97 BE IT FURTHER RESOLVED that the City of Huntington Beach will receive 100% of the Structural Fire Fund and 100% of the Library Fund generated in the ammxed areas upon annexation. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 15th day of November , 20 10 ayo REVI ITIATED AND APPROVED: Ci A strator jAP ROVED AS TO FORM: �C ity Atto ey 09-2351.002147193 2 Res. No. 2010-97 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on November 15, 2010 by the following vote: AYES: Carchio, Coerper, Bohr, Dwyer, Hansen NOES: Hardy, Green ABSENT: None ABSTAIN: None C Clerk and ex-officioQlerk of the City Council of the City of Huntington Beach, California su11sET BEAC comm - ry I TY ASSOC Al \ O� November 15, 2010 0 Honorable Mayor Cathy Green U' Huntington Beach City Hallco f 2000 Main st. Huntington Beach, Ca. 92648 - `l Dear Mayor Green, Last Thursday, the Sunset Beach Community Association Board of Directors voted to accept the Memorandum of Understanding between the SBCA and Huntington Beach. A signed copy was dropped off at City Hall on Friday. I wish to thank Fred Wilson and Paul Emery for their help and patience in producing the MOU. We look forward to working with the City concerning the Pre- Annexation Agreement with the LAFCO and ultimately with the California Coastal Commission concerning the LCP Specific Plan. A previous commitment prevents me from addressing you and the City Council in person tonight. Sincerely, Mike VanVoorhis SBCA Vice-President COMMUNICATION Transition Committee Chair Keetlng Date Ageida Item No. / P0. Box 215 ■ 5un5et Beach, California 90742 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH � AND SUNSET BEACH COMMUNITY ASSOCIATION This MEMORANDUM OF UNDERSTANDING ("MOU") is made and e�rtered into by. and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California ("CITY") and SUNSET BEACH COMMUNITY ASSOCIATIOl , a California non- profit public benefit corporation("SBCA'),by and through its officers and -irectors. .RECITALS This MOU is made with reference to the following its 1. Pursuant to action taken by the Local Agency 'ormation Commission of Orange County ("LAFCO"), unincorporated land within the Co of Orange ("COUNTY") north of the CITY limits, known as Sunset Beach, is proposed to be annexed to the CITY (the "Annexation"), pending submission by CITY of an/annexation application and LAFCO -proceedings taken thereon. The Annexation area, incfuding its residents, property owners and business owners, shall be known as the "Sunset.BeagCommunity;" and 2. CITY and LAFCO propose to conduct the Annexation pursuant to Government Code §56375.3 (the "island annexation" provisions of the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, Government Code §§56000 et seq.) without a vote or the right of protest by the citizens of the Sunset Beach Community; and 3. CITY has met with repr'sentatives of SBCA to discuss the terms under which the Annexation will take place, includingrcertain terms of a proposed Sunset Beach Specific Plan ("Specific Plan"), and to addres concerns of the Sunset Beach Community regarding the Annexation; and 4. CITY and SB recognize and agree that there are differences between the CITY and the Annexation area, in uding historic Sunset Beach Community identity and character, and geographical differences hick arise from the fact that the Sunset Beach Community has developed and exists on d immediately adjacent to the beach, while the CITY has developed across from and separ ed by the Pacific Coast Highway, which distinguish the Sunset Beach Community from the ITY, and which should be encouraged and perpetuated; and 5. CI and SBCA desire to enter into this MOU agreement to clarify the future respective obli tions of CITY and SBCA during and following the Annexation process, such that the goals -f the parties will be attained. NOW, THEREFORE, for and in consideration of the promises and covenants hereinafter set forth intending to be legally bound thereby,the parties covenant and agree as follows: -l- 54722 Ng -113- Item 14. - 5 AGREEMENT 1. OBLIGATIONS OF THE PARTIES A. CITY Obligations 1. Sunset Beach Identity. CITY shall maintain the ide Pity of the Sunset Beach Community by using the name "Sunset Beach" on prominently posned signage at the Sunset Beach entryways, mapping, public documents, the Sunset Beach Specific Plan, and in the Local Coastal Program ("LCP") Land Use Plan for Sunset Beach. , y existing signage will remain substantially as it is at the time of Annexation and shall b maintained by the CITY following the Annexation; and any future monument signage a community entryways will clearly identify the area as Sunset Beach_ 2. Addresses and Mail Delivery. Exce3 as set forth below, CITY shall maintain all current street names and addresses in the Suns t Beach Community, and CITY shall actively support the retention of the Sunset Beach zip co a and postal delivery and designation for Sunset Beach in place prior to the Annexation.. 3. Recognition of-Legal Non-CQ orming Structures and Uses_ CITY shall recognize and approve existing legal non-confo ing structures and uses in the Sunset Beach Community, which were permitted and approvrd by the COUNTY prior to the Annexation. Such uses may be altered, expanded and recon tructed pursuant to the City of Huntington Beach Sunset Beach Specific Plan. 4. 1990 Local Coast Pro am "LCP" Specific Plan Goals Policies and Standards. Except as set forth below, tl CITY shall adopt and maintain the goals, policies and standards of the existing 1990 SunseVBeach Local Coastal Program Specific Plan (the "LCP") for the Sunset Beach Community, ay modified with changes discussed and mutually approved in writing by the CITY and the SBCA Transition Committee prior to the submission of CITY's -Annexation application to LAFCp. J 5. Sunset ea h LCP Sunset Bgach Specific Plan and Municipal Cod Amendment. CITY agrees,y4thin thirty (30) days following submission of CITY's Annexation application to LAFCO, to initiate the following actions, which shall be completed within a reasonable time but not lager than one hundred and eighty(180)days following completion of the Annexation: Zde LCP Advisory Board. Amendment of the City of Huntington Beach Municipal "Municipal Code") to retain the Sunset Beach LCP Advisory Board ("Advisory Board") and associated duties. The Advisory Board shall consist of Sunset Beach business owners,/property owners and/or residents. b. Greenbelt/Linear Park. Amendment of the Sunset Beach Specific P and LCP to provide for retention of the public land use designation for the greenbel near park area and identification of the area as an open space feature for use -2- 54722 Item 14. - 6 HB -114- consistent with that in effect at the time of Annexation, in the CITY's General Plan Recreation,-' and Community Services Elements,the Municipal Code and the LCP Land Use Plan designation of green space, tot lots, and walking paths. /Z C. Waterway and Beach Encroachments. Amendment of the Municipal Code as appropriate to recognize the LCP regulations for encro chments for waterways and the beach. d. Sunset Beach Parking. Amendment of the/]Municipal Code to adopt and enforce a parking and parking permit policy for Sunset Beach, in substantially the same form and content as the existing COUNTY regulations, including provisions for signage, permits and regulations for parking in the right of way in front of garages. e_ Business Regulations. Amendment of the Municipal Code to prohibit the establishment of marijuana dispensary relateA businesses, methadone related businesses, and drug and alcohol rehabilitation related businesses in Sunset Beach. f. Priority Use of Sunset,,ach Greenbelt/Linear Park Facilities. CITY shall adopt regulations which give preference4n the use of Sunset Beach Greenbelt/Linear Park facilities to the activities of Established Sunset Beach Non-Profit Groups, including, but not limited to, SBCA, Las Damas and the Sunset Beach Womeds Club. Permits for use may be required, but any municipal fees for such use/shall be waived for Established Sunset Beach Non- Profit Groups. For purposes of this MOU,r'"Established Sunset Beach Non-Profit Groups" shall be limited to those non-profit associations or groups that have, as of the effective date of this MOU, designated Sunset Beach as their principal place of business or organization. g. Beach .Hours and Use. CITY agrees to maintain Sunset Beach hours of 6:00 a.m.to 10:00 p.m./even(7)days a week, restricted use similar to that in effect for Sunset Beach at the time of A i exation, and parking in the Warner public parking lot hours of 7:00 a.m. to 10:00 p.m, seven(7)days a week. h/ Short Term Rentals. CITY shall allow short term rentals in the Sunset Beach Commum subject to a conditional use permit and coastal development permit as applicable. 6. LAFCO Annexation Proceedings and Conditions of Annexation. CITY shall, pursuant . the Annexation Agreement between CITY and COUNTY, confirm that the Pacific Coast,/Highway Southern California Edison ("Edison") Rule 20A Underground Utilities funds will remain under COUNTY jurisdiction, and that COUNTY shall fund and implement the engineering study for the Bayview/Park Avenue Underground Utilities Plan. 7. Completion of Road Work Initiated By COUNTY Prior to Annexation. CITY shall, in the Annexation Agreement between CITY and COUNTY, confirm that street and alley repaving projects in the Sunset Beach Community, currently designated and funded by the COUNTY through its Capital Improvement Program are timely completed by COUNTY. -3- 5A722 HB -115- Item 14. - 7 8. Fire Station No. 3. CITY agrees should the Fire Station in the future come under CITY ownership and/or control preference in use of the Fire Station shall be givento Sunset Beach Community groups, activities and residents in according to the rules/and regulations recommended by the SBCA for adoption by the CITY. 9. Beach Programs. Recognizing the direct intrusion and invasion of privacy such programs create to the residents. of Sunset Beach, CITY agrees not to/perad junior lifeguard, surf camp or similar beach programs on Sunset Beach, and shall not nter into an new agreement for any existing Junior Lifeguard Program on Sunset Beach. 10. Prioritization of Sunset Beach Capital Proiects and Improvements. CITY shall, with the assistance of the SBCA, prioritize a listing of Sunset-Beach Community capital projects, as part of CITY's Capital Improvement Program. CITY shall also actively pursue grant funding opportunities for bridge repair and drainage improvements, such as repair of the Broadway Bridge and resolution of flooding problems on Par10PCK Bayview Drive, 14'h Street and 15'' Street, planting of the medians along the Pacific Coast ITiighway through Sunset Beach, and other capital improvement needs as determined and recommended by the SBCA. 11. CITY Committee. CITY shall formalize and maintain in effect the Sunset Beach Area Council Commission ("SBACC") as shall committee of the City Council to meet regularly with the SBCA and the Sunset,/Beach Community to discuss issues affecting Sunset Beach, including, but not limited to,thh owing: a._ Any proposed changes to Sunset Beach Community identity signage, street names, postal designation,or addresses; b. Any proposed zone change or amendment to the CITY's General Plan and.Municipal Code affectingtSunset Beach, the Sunset Beach Specific Plan or the LCP for Sunset Beach; 4' C. On an annual basis, make recommendations to the City Council for prioritization and funding of capital projects to benefit the Sunset Beach Community; and d/ Any proposed change in municipal services to the Sunset Beach Community, including;` without limitation, local sewer service„ cable service, and solid waste hauling service. // The meetings o t e SBACC shall be subject to the provisions of the Brown Act (Government Code §§54950let seq.). 12. Annexation/Acquisition of Sunset Beach SanitM—District. CITY agrees to recognize the Sunset Beach Sanitary District as the local sewer provider for the Sunset Beach Community, and that for a period of at least fifty (50) years CITY shall not initiate annexation and/or acquisition of the Sunset Beach Sanitary District, unless agreed to by the parties. -4- 54722 Item 14. - 8 HB -116- B., SBCA Obligations I. SBCA shall, through its officers and directors, offer support to the, at any LAFCO proceedings in furtherance of the Annexation. 2. SBCA shall, through its officers and directors, oiler support�to the CITY in connection with its negotiations with the COUNTY, the California Coastal 'ommission and the LAFCO, in connection with the Annexation and implementation 701 the terms of this .Agreement. 3. SBCA shall, through its officers and directors, assist CITY with the facilitation of a smooth transition during the Annexation process. 4. To the extent CITY is in compliance with all terms and conditions of this MOU, SBCA will not initiate, promote, or assist with any litigation against the LAFCO or the CITY challenging the validity of the Annexation. II. GENERAL PROVISIONS A Assignment. Neither party shall/encumber, assign, or otherwise transfer this MOU, or any right or interest in this MOU, without the express written consent of the other party. A consent by a party to one assignment/or transfer to another person shall not be deemed to be a consent to any subsequent assignment or transfer to another person. Any encumbrance, assignment or transfer without the prior/written consent of the other party, whether it be voluntary or involuntary, by operation of law or otherwise, is void and shall, at the option of the other party, terminate this MOU. I/ B. Suecessors and Assigns. All the terms, covenants and conditions of this MOU shall inure to the benefit of and be binding upon the parties and their successors and assigns. The terms, covenants and conditions of this MOU shall be binding on the officers and directors of SBCA in the performa.ncle of their corporate duties, and not as individuals. The provisions of this Section shall not be deemed as a waiver of any of the conditions against assignment hereinbefore set forth. C. Conflict of Interest. SBCA shall employ no CITY official nor any regular CITY employee in the w/ork to be performed pursuant to this MOU. No officer or employee of CITY shall have anyvfinancial interest in this MOU in violation of any applicable provisions of State Law, includng particularly the Political Reform Act (Government Code §§87000 et seq.; and 2 Cal. Code of Regs. §§18700 et seq.). ZCumulative Remedies. The remedies given to the parties in this MOU shall not be exclusive, but shall be cumulative and in addition to all remedies now or hereafter allowed by law or elsewhere provided in this MOU ..g_ 54722 Ha -117- Item 14. - 9 E. Waiver of]Breach. The waiver by one parry of any breach by the other party of any of the provisions of this MOU, irrespective of the length of time for which suchefailure continues, shall not constitute a waiver of such breach or a waiver of any subseque t breach either of the same or another provision of this MOU. F. Force Maieure — Unavoidable Dela . Should the erforman"ce of an act � v p � y required by this MOU to be performed by either CITY or SBCA be prevented or delayed by reason of an act of God, strike, lockout, labor dispute, inability to secure materials, restrictive governmental laws or regulations, or any other cause (except financial inability) not the fault of the party required to perform the act, the time for performance shal(be extended, but not released, for an equivalent term of the unavoidable delay. G. Ability to Perform. Each party represents and warrants to the other party that it has the ability to carry out the obligations assumed and promisedehereunder, and is not presently aware of any pending event or legal constraint which would, or could, hamper, hinder, delay or prevent its timely performance of such obligations. H. Further Acts and Amendments. Each party to this MOU agrees to perform all further acts and execute all further documents necessary to carry out the intent and purposes of this MOU. I. Notice. Any written notice given,!6der the terms of this MOU shall be either delivered personally or mailed certified mail, postage prepaid, addressed to the party concerned, as follows: CITY: SBCA: City of Huntington Beach ;' Sunset Beach Community Association 2000 Main Street P.O.Box 215 P.O. Box 190 Sunset Beach, CA 90742 Huntington Beach, CA 92,648 If a party desires to change the address for notice set forth herein, said party will provide 30 days' advance written notice to the other party of any such change- J. Attorneys'Fees_ In the event of any litigation to enforce the terms and provisions of this MOU, each party shall bear its own costs and attorneys' fees, and the prevailing party shall not be entitled to an award of attorneys'fees against the non-prevailing party unless.the court:determines as.a matter of law that the prevailing.party is.entitled to.an award of attorneys',fees pursuant to the provisions of Code of Civil Procedure §1021.5 or other equitable benefit attorneys' fees provision. f K. tontrollung Law and Venue. The rights and liabilities of the parties, and the interpretation and construction of this MOU, shall be determined in accordance with the laws of the State of California. Any controversy arising out of or under this MOU, if litigated, shall be adjudicated in a court of competent,jurisdiction in Orange County, California. -6- 54722 Item 14. - 10 HB -118- L. Section Headings. The captions, subject, section and paragraph headings in the MOU are included for convenience and reference only. They do not form a part hereof and do not in any way modify, interpret or reflect the intent of the parties. Said headings shall not be used to construe, limit or interpret any provision of this MOU. * R�M M. Time of the Essence. Time is of the essence with respect to all provisions of his MOU in which a definite time for performance is specified, including, but not limited to the expiration of this MOU. ` N. Non-Liability of City Oilicials,Emplayees and Agents. No eleive or appointed CITY or CITY affiliated board, commission or member thereof, op-officer, employee or agent of CITY shall be personally liable to SBCA, its successors and assigns, for any default or breach.by CITY under this MOLE, or for any.amount which may.become due to SBCA, its 41 successors and assigns,under this MOU or for any obligation of CITY under this MOU. O. Non-Liability of SBCA Officers or Directors zoofficer or director of SBCA shall be personally liable to the CITY, its successors and assigns, for any default or breach by SBCA under this MOU, or for any amount which may becdnie due to CITY, its successors and assigns, under this MOU or for any obligation of SBCA,under this MOU. P. Enfire Agreement. This MOU contains and embraces the entire agreement between the parties hereto and neither it nor any part of it may be changed, altered, modified, limited or extended orally or by any other agreement between the parties unless such agreement be expressed in writing, signed and acknowl�6ged by CITY and SBCA or their successors in interest. Q. Severability. Each provision of this MOU is separate, distinct, and severable from the others. If any provision isfheld by a court of competent jurisdiction to be invalid,void or unenforceable, the remaining provisions of this MOU shall remain in full force and effect, unimpaired by the holding, so long as the reasonable expectations of the parties hereto are not materially impaired. R. Counterparts. This MOU may be executed in any number of counterparts, each of which shall be deemed one and the same instrument. S. Effective Date. The effective date of this MOU is the last date upon which it is executed by all part` ies. /IN WITNESS WBEREOF, the parties hereto have caused this MOU to be executed by,.and through their authorized representatives, on , 2010. -7.. 54722 Hg -119- Item 14. - 11 fry P Y SUNSET BEACH COMMUNITY CITY OF HUNTINGTON BEACH, a ASSOCIATION, a California nonprofit California municipal corporation ' public benefit corporation By. By: President s ,Mayor By: Secretary/CFO ' , City Clerk APPROVED AS TO FORM: Y / r' City Attorney 11-0 IlVITIATED REVIEWED AND APPROVED: City Administrator ..g_ 54722 Item 14. - 12 HB -120- City ®f Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 ® OFFICE OF THE CITY CLERIC ® JOAN L. FLYNN CITY CLERK December 10, 2010 Jay Wong County of Orange County Executive Office 333 W. Santa Ana Blvd. Santa Ana, CA 92701 Dear Jay: Enclosed please find three originals of the Assignment, Novation and Consent Agreement as part of the Pre-Annexation Agreement for Sunset Beach by and between the City of Huntington Beach and the County of Orange. Upon execution by the County, please return a complete copy to: Joan L. Flynn City Clerk 2000 Main Street Huntington Beach CA 92648 Your attention to this matter is greatly appreciated. Sincerely, toan L. Flynn, CIVIC City Clerk JF: pe Enclosure: Agreements G:followup:agrmtltr Sister Cities: Anjo, Japan ® Waitakere, New Zealand (Telephone: 714-536-5227) MEMORANDUM OF UNDERSTANDING ]BETWEEN THE CITY OF H[UNTINGTON BEACH[ AND SUNSET BEACH COMMUNITY ASSOCIATION This MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California ("CITY") and SUNSET BEACH COMMUNITY ASSOCIATIOMa California non- profit public benefit corporation ("SBCA"),by and through its officers and,directors. RECITALS This MOU is made with reference to the following facts: I. Pursuant to action taken by the Local Agenc�/Formation Commission of Orange County ("LAFCO"), unincorporated land within the County of Orange ("COUNTY") north of the CITY limits, known as Sunset Beach, is proposed to be annexed to the CITY (the "Annexation"), pending submission by CITY of an annexation application and LAFCO proceedings taken thereon. The Annexation area, including its residents, property owners and business owners, shall be known as the "Sunset Beach Community;" and 2. CITY and LAFCO propose to conduct the Annexation pursuant to Government Code §56375.3 (the "island annexation_" provisions �of the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, Government Code §§56000 et seq.) without a vote or the right of protest by the citizens of the Sunset Beach Community; and 3. CITY has met with representatives of SBCA to discuss the terms under which the Annexation will take place including certain terms of a proposed Sunset Beach Specific Plan ("Specific Plan"), and to address 'concerns of the Sunset Beach Community regarding the Annexation; and i� 4. CITY and SBCA recognize and agree that there are differences between the CITY and the Annexation area, including historic Sunset Beach Community identity and character, and geographical differences which arise from the fact that the Sunset Beach Community has developed and exists on-aand immediately adjacent to the beach, while the CITY has developed across from and separated by the Pacific Coast Highway, which distinguish the Sunset Beach Community from the/CITY, and which should be encouraged and perpetuated; and f 5. CITY and SBCA desire to enter into this MOU agreement to clarify the future respective obligations of CITY and SBCA during and following the Annexation process, such that the goals�of the parties will be attained. NOW, THEREFORE, for and in consideration of the promises and covenants hereinafter set forth/and intending to be legally bound thereby, the parties covenant and agree as follows: -1- 54722 AGREEMENT I. OBLIGATIONS OF THE PARTIES A. CITY Obligations 1. Sunset Beach Identity. CITY shall maintai/theidentity of the Sunset Beach Community by using the name "Sunset Beach" on=tly positioned signage at the Sunset Beach entryways, mapping, public documents, the ach Specific Plan, and in the Local Coastal Program ("LCP") Land Use Plan for Sunset.Beach. Any existing signage will remain substantially as it is at the time of Annexation and shall be maintained by the CITY following the Annexation; and any future monument si gnage at community entryways will clearly identify the area as Sunset Beach. 2. Addresses and Mail Delivery. Except as set forth below, CITY shall maintain all current street names and addresses in the Sunset Beach Community, and CITY shall actively support the retention of the Sunset Beach!zip code and postal delivery and designation for Sunset Beach in place prior to the Annexation. 3. Recognition of Lejaalzon-Conforming Structures and Uses. CITY shall recognize and approve existing legal non-conforming structures and uses in the Sunset Beach Community, which were permitted and/approved by the COUNTY prior to the Annexation. Such uses may be altered, expanded and/reconstructed pursuant to the City of Huntington Beach Sunset Beach Specific Plan. 4. 1990 Local coastal Program ("LCP") Specific Plan Goals, Policies and Standards. Except as set forth below, the CITY shall adopt and maintain the goals, policies and standards of the existing 1990 Sunset Beach Local Coastal Program Specific Plan (the "LCP") for the Sunset Beach Community, as modified with changes discussed and mutually approved in writing by the CITY and the/SBCA Transition Committee prior to the submission of CITY's Annexation application to LArFCO. 5. Sunset Beach LCP Sunset Beach Specific Plan and Municipal Code Amendment. CITY agrees, within thirty (30) days following submission of CITY's Annexation application to LAFCO�to initiate the following actions, which shall be completed within a reasonable time but not later than one hundred and eighty (180) days following completion of the Annexation: i a. LCP Advisory Board. Amendment of the City of Huntington Beach Municip Code ("Municipal Code") to retain the Sunset Beach LCP Advisory Board ("Advisory Board") and associated duties. The Advisory Board shall consist of Sunset Beach business owners, property owners and/or residents. b. Greenbelt/Parking Area. Amendment of the Sunset Beach Specific Plan and LCP to provide for retention of the public land use designation for the greenbelt/parking area in the configuration and as it exists on the effective date of this MOU, and -2- 54722 identification of the area as an open space feature for use consistent with that in effect at the time of Annexation, in the CITY's General Plan Recreation and Community Services Elements, the Municipal Code and the LCP Land Use Plan designation of green space, tot lots, and walking paths. C. Waterway and Beach Encroachments. Amendment of the Municipal Code as appropriate to recognize the LCP regulations for encroachments for waterways and the beach. d. Sunset Beach Parking. Amendmenfi of the Municipal Code to adopt and enforce a parking and parking permit policy for Sunset Beach, in substantially the same form and content as the existing COUNTY regulations, including provisions for signage, permits and regulations for parking in the right of way in fro t of garages. The parking permit fees shall remain at the same level as they are on the effective date of this MOU, for a period of at least five (5) years. C. Business Regulations. Amendment of the Municipal Code to prohibit the establishment of marijuana dispensary related businesses, methadone related businesses, and drug and alcohol rehabilitation related businesses in Sunset Beach. £ Priority Use of Sunset Beach Greenbelt/Linear Park Facilities. CITY shall adopt regulations which give preference in the use of Sunset Beach Greenbelt/Linear Park facilities to the activities of Established Sunset Beach Non-Profit Groups, including, but not limited to, SBCA, Las Damas and the Sunset Beach Women's Club. Permits for use may be required, but any municipal fees for such�use shall be waived for Established Sunset Beach Non- Profit Groups. For purposes of this MOU, "Established Sunset Beach Non-Profit Groups" shall be limited to those non-profit associations or groups that have, as of the effective date of this MOU, designated Sunset Beach as their principal place of business or organization. g. Beac"h )Flours and Use. CITY agrees to maintain Sunset Beach hours of 6:00 a.m. to 10:00 p.m.,4even (7) days a week; restricted use similar to that in effect for Sunset Beach at the time of Annexation, and parking in the Warner public parking lot hours of 7:00 a.m. to 10:00 p.m., seven (7) days a week. h. Short Term Rentals. CITY shall allow short term rentals in the Sunset Beach Community subject to a conditional use permit and coastal development permit as applicable. 6. /LAFCO Annexation Proceedings and Conditions of Annexation. CITY shall, pursuant to the Annexation Agreement between CITY and COUNTY, confirm that the Pacific Coast Highway Southern California Edison ("Edison") Rule 20A Underground Utilities funds will remain11under COUNTY jurisdiction, and that COUNTY shall fund and implement the engineering study for the Bayview/Park Avenue Underground Utilities Plan. 7. Completion of Road Work Initiated By COUNTY Prior to Annexation. CITY shall; in the Annexation Agreement between CITY and COUNTY, confirm that street and / -3- 54722 A alley repaving projects in the Sunset Beach Community, currently designated andfunded by the COUNTY through its Capital Improvement Program are timely completed by C&NTY. 8. Fire Station No. 3. CITY agrees should the Fire' Station in the future come under CITY ownership and/or control preference in use of the Fire/Station shall be given to Sunset Beach Community groups, activities and residents in according to the rules and regulations recommended by the SBCA for adoption by the CITY. 9. Beach Programs. Recognizing the diregAntrusion and invasion of privacy such programs create to the residents of Sunset Beach, CITY agrees not to permit junior lifeguard, surf camp or similar beach programs on Sunset Beach, and shall not extend or enter into an new agreement for any existing Junior Lifeguard grogram on Sunset Beach. 10. Priontization of Sunset Beach Capital Projects and Improvements. CITY shall, with the assistance of the SBCA, prioritize aAisting of Sunset Beach Community capital projects, as part of CITY's Capital Improvement Vogram. CITY shall also actively pursue grant funding opportunities for bridge repair and drainage improvements, such as repair of the Broadway Bridge and resolution of flooding p oblems on Park/PCH, Bayview Drive, 141h Street and 15t" Street, planting of the medians alon the Pacific Coast Highway through Sunset Beach, and other capital improvement needs as det fined and recommended by the SBCA. 11. CITY Committee. CITY shall formalize and maintain in effect the Sunset Beach Area Council Commission ("SBACC") as a standing committee of the City Council to meet regularly with the SBCA and/the Sunset Beach Community to discuss issues affecting Sunset Beach, including, but not limited to, the following: a. Any proposed changes to Sunset Beach Community identity signage, street names, postal designation or addresses; b. Any proposed zone change or amendment to the CITY's General Plan and Municipal Code affecting Sunset Beach, the Sunset Beach Specific Plan or the LCP for Sunset Beach; On an annual basis, make recommendations to the City Council for prioritization a/fuA g of capital projects to benefit the Sunset Beach Community; and d. Any proposed change in municipal services to the Sunset Beach Community, ing, without limitation, local sewer service, cable service, and solid waste hauling service The meetings of the SBACC shall be subject to the provisions of the Brown Act (Government Code §§5495 et seq.). 12. Annexation/Acquisition of Sunset Beach Sanitary District. CITY agrees to recognize the Sunset Beach Sanitary District as the local sewer provider for the Sunset Beach -4- 54722 Community, and that for a period of at least fifty (50) years CITY shall not initiat- annexation and/or acquisition of the Sunset Beach Sanitary District, unless agreed to by the pa-rties. B. SBCA Obligations 1. SBCA shall, through its officers and directors, offer support to the CITY at any LAFCO proceedings in furtherance of the Annexation. 2. SBCA shall, through its officers and directors, be included in the CITY's negotiations with the COUNTY, the California Coastal Commission and the LAFCO, in support of implementation of the terms of this Agreement. 3. SBCA shall, through its officers and directors, assist CITY with the facilitation of a smooth transition during the Annexation process. 4. To the extent CITY is in compliance with all terms and conditions of this MOU, SBCA will not initiate, promote, or assist with any litigation against the LAFCO or the CITY challenging the validity of the Annexation. I1. GENERAL PROVISIONS A. Assisnment. Neither party shall encumber, assign, or otherwise transfer this MOU, or any right or interest in this MOU, without the express written consent of the other party. A consent by a party to one assignment or transfer to another person shall not be deemed to be a consent to any subsequent assignment or transfer to another person. Any encumbrance, assignment or transfer without the prior written consent of the other party, whether it be voluntary or involuntary, by operation of law or otherwise, is void and shall, at the option of the other party, terminate this MOU. B. Successors and;�Assiy-ns. All the terms, covenants and conditions of this MOU shall inure to the benefit of and be binding upon the parties and their successors and assigns. The terms, covenants and conditions of this MOU shall be binding on the officers and directors of SBCA in the performance of their corporate duties, and not as individuals. The provisions of this Section shall not be/deemed as a waiver of any of the conditions against assignment hereinbefore set forth. C. Confli/tof Interest. SBCA shall employ no CITY official nor any regular CITY employee in the work to be performed pursuant to this MOU. No officer or employee of CITY shall have any financial interest in this MOU in violation of any applicable provisions of State Law, including particularly the Political Reform Act (Government Code §§87000 et seq.; and 2 Cal. Code of Regs. §§18700 et seq.). D. /Lumulative Remedies. The remedies given to the parties in this MOU shall not be exclusive,/but shall be cumulative and in addition to all remedies now or hereafter allowed by law or elsewhere provided in this MOU. -5- 54722 E. Waiver of Breach. The waiver by one party of any breach by the other party of any of the provisions of this MOU, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such breach or a waiver of any subsequent breach either of the same or another provision of this MOU. F. Force Maieure — Unavoidable Delay. Should the performance of any act required by this MOU to be performed by either CITY or SBCA be pre ented or delayed by reason of an act of God, strike, lockout, labor dispute, inability to secure materials, restrictive governmental laws or regulations, or any other cause (except financiafinability) not the fault of the party required to perform the act, the time for performance shall be extended, but not released, for an equivalent term of the unavoidable delay. G. Ability to Perform. Each party represents an warrants to the other party that it has the ability to carry out the obligations assumed and promised hereunder, and is not presently aware of any pending event or legal constraint which would, or could, hamper, hinder, delay or prevent its timely performance of such obligations. H. Further Acts and Amendments. Each party to this MOU agrees to perform all further acts and execute all further documents necessary to carry out the intent and purposes of this MOU. I. Notice. Any written notice g)Nen under the terms of this MOU shall be either delivered personally or mailed certified mail, postage prepaid, addressed to the party concerned, as follows: CITY: SBCA: City of Huntington Beach Sunset Beach Community Association 2000 Main Street P.O. Box 215 P.O. Box 190 Sunset Beach, CA 90742 Huntington Beach, CA 92648 If a party desires to change the address for notice set forth herein, said party will provide 30 days' advance written notice to the other party of any such change. J. Attorneys' Fees. In the event of any litigation to enforce the terms and provisions of this MOU, each party shall bear its own costs and attorneys' fees, and the prevailing party shal'1 not be entitled to an award of attorneys' fees against the non-prevailing party unless the court determines as a matter of law that the prevailing party is entitled to an award of attorneys fees pursuant to the provisions of Code of Civil Procedure §1021.5 or other equitable benefit attorneys' fees provision. K. Controlling Law and Venue. The rights and liabilities of the parties, and the interpretation and construction of this MOU, shall be determined in accordance with the laws of the State/of California. Any controversy arising out of or under this MOU, if litigated, shall be adjudicated in a court of competent jurisdiction in Orange County, California. -6- 54722 L. Section Readings. The captions, subject, section and paragraph headings in the MOU are included for convenience and reference only. They do not form a part hereof, and do not in any way modify, interpret or reflect the intent of the parties. Said headings shall not be used to construe, limit or interpret any provision of this MOU. M. Time of the Essence. Time is of the essence with respect to all provisions of this MOU in which a definite time for performance is specified, including, but not limited to, the expiration of this MOU. N. Non-Liability of City Officials, Employees and Agents. No elective or appointed CITY or CITY affiliated board, commission orfinember thereof, or officer, employee or agent of CITY shall be personally liable to SBCA, its successors and assigns, for any default or breach by CITY under this MOU, or for any amount which may become due to SBCA, its successors and assigns, under this MOU or for any obligation of CITY under this MOU. O. Non-Liability of SBCA Officers or Directors. No officer or director of SBCA shall be personally liable to the CITY, its successors and assigns, for any default or breach by SBCA under this MOU, or for any amounY�hich may become due to CITY, its successors and assigns, under this MOU or for any obligation of SBCA under this MOU. P. Entire Agreement. This MOU contains and embraces the entire agreement between the parties hereto and neither it nor any part of it may be changed, altered, modified, limited or extended orally or by any other agreement between the parties unless such agreement be expressed in writing, signed and acknowledged by CITY and SBCA or their successors in interest. Q. Severability. Each provision of this MOU is separate, distinct, and severable from the others. If any provision is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this MOU shall remain in full force and effect, unimpaired by the holding, so long as the reasonable expectations of the parties hereto are not materially impaired. R. Counterparts. This MOU may be executed in any number of counterparts, each of which shall be/�d°eemed one and the same instrument. S. Effective Date. The effective date of this MOU is the last date upon which it is executed by all1parties. AN WITNESS WHEREOF, the parties hereto have caused this MOU to be executed by and through their authorized representatives, on ise�1 S, 2010. v -7- 54722 xx SUNSET BEACH COMMUNITY CITY OF HUNTINGTON BEACH, a ASSOCIATION, a California nonprofit California municipal corporation public benefit corporation By: By: CA f President Cathy dr- n , Mayor By: Secretary/CFO an L. F1 nn , vy Clerk APPROVED AS TO FORM: ]Pnni f r M erat h , City ttorne INITI TED REVIEWED AND APPROVED: 0 , City Administrator Fred Wilson C -8- 54722 I Michael G. Colantuono, State Bar No. 143551 WolantuonogCLLAW.US 2 Holly O. Whatley, State Bar No. 160259 HWhatleygCLLAW.US 3 Brian B. Kim, State Bar No. 232849 BKim@CLLAW.US 4 COLANTUONO & LEVIN, PC 300 S. Grand Ave., Suite 2700 5 Los Angeles, California 90071-3137 Telephone: (213) 542-5700 6 Facsimile: (213) 542-5710 7 Attorneys for Respondent/Defendant 8 CITY OF HUNTINGTON BEACH 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 FOR THE COUNTY OF ORANGE 0 11 U r 12 CITIZEN'S ASSOCIATION OF SUNSET CASE NO.: 30-2010-431832 BEACH, 13 [Unlimited Jurisdiction] a Petitioner and Plaintiff, ISEN 14 V. o � I DECLARATION OF JOAN FLYNN IN 0 � 15 ORANGE COUNTY LOCAL AGENCY SUPPORT OF RESPONDENT CITY OF FORMATION COMMISSION, a governmental HUNTINGTON BEACH'S b " 0 16 entity; the CITY OF HUNTINGTON BEACH a MEMORANDUM OF POINTS AND 0 �' a municipal corporation; and DOES 1 through 50, AUTHORITIES IN OPPOSITION TO 17 inclusive, APPLICATION FOR PRELIMINARY INJUNCTION 18 Respondents and Defendants. 19 Hearing Date: Jan. 18, 2010 Time: 1:30 p.m. 20 Dept.: C31 Judge: Hon. Frederick P. Horn 21 Complaint Filed: December 9, 2010 22 23 /// 24 25 26 27 Case No.30-2010-431832 DECLARATION OF JOAN FLYNN IN OPPOSITION TO APPLICATION FOR PRELIMINARY INJUNCTION 100485.1 1 DECLARATION OF.LOAN FLYNN 2 3 I, Joan Flynn, declare: 4 5 1. I am the City Clerk for the City of Huntington Beach. I have held this position since June 6 1, 2004. 1 have personal knowledge of the facts set forth in this declaration and could and would 7 competently testify thereto if called as a witness. 8 9 2. As the City Clerk, I am the duly authorized custodian of records for the legislative actions of 10 the City Council for the City of Huntington Beach and have the authority to authenticate and certify 11 such records. 0 U wv � 12 -H o h p � 13 3. Attached hereto as Exhibit 1 is a true and correct copy of the MOU between the City and a � u N 14 the Sunset Beach Community Association as executed by the City on or about November 15, 2010. o ac 15 a� �4 0 16 4. Attached hereto as Exhibit 2 is a true and correct copy of the City's Resolution 2010-100. ow " 0 0 17 18 I declare under penalty of perjury under the laws of the State of California that the foregoing is 19 true and correct. Executed this 4th day of January, at Huntington Beach, California. 20 21 22 Joan Flynn 23 24 25 26 27 28 1 Case No.CPF-10-510830 DECLARATION OF JOAN FLYNN IN OPPOSITION TO APPLICATION FOR PRELIMINARY INJUNCTION innnoc i Exhibit # 1 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH AND SUNSET BEACH COMMUNITY ASSOCIATION This MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California ("CITY") and SUNSET BEACH COMMUNITY ASSOCIATION, a California non- profit public benefit corporation ("SBCA"), by and through its officers and directors. RECITALS This MOU is made with reference to the following facts: 1. Pursuant to action taken by the Local Agency Formation Commission of Orange County ("LAFCO"), unincorporated land within the County of Orange ("COUNTY") north of the CITY limits, known as Sunset Beach, is proposed to be annexed to the CITY (the "Annexation"), pending submission by CITY of an annexation application and LAFCO proceedings taken thereon. The Annexation area, including its residents, property owners and business owners, shall be known as the "Sunset Beach Community;" and 2. CITY and LAFCO propose to conduct the Annexation pursuant to Government Code §56375.3 (the "island annexation" provisions of the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, Government Code §§56000 et seq.) without a vote or the right of protest by the citizens of the Sunset Beach Community; and 3. CITY has met with representatives of SBCA to discuss the terms under which the Annexation will take place, including certain terms of a proposed Sunset Beach Specific Plan ("Specific Plan"), and to address concerns of the Sunset Beach Community regarding the Annexation; and 4. CITY and SBCA recognize and agree that there are differences between the CITY and the Annexation area, including historic Sunset Beach Community identity and character, and geographical differences which arise from the fact that the Sunset Beach Community has developed and exists on and immediately adjacent to the beach, while the CITY has developed across from and separated by the Pacific Coast Highway, which distinguish the Sunset Beach Community from the CITY, and which should be encouraged and perpetuated; and 5. CITY and SBCA desire to enter into this MOU agreement to clarify the future respective obligations of CITY and SBCA during and following the Annexation process, such that the goals of the parties will be attained. NOW,THEREFORE, for and in consideration of the promises and covenants hereinafter set forth and intending to be legally bound thereby, the parties covenant and agree as follows: -1- 54722 / or � AGREEMENT I. OBLIGATIONS OF THE PARTIES A. CITY Obligations 1. Sunset Beach Identity. CITY shall maintain the identity. of the Sunset Beach Community by using the name "Sunset Beach" on prominently positioned signage at the Sunset Beach entryways, mapping, public documents, the Sunset Beach Specific Plan, and in the Local Coastal Program ("LCP") Land Use Plan for Sunset Beach. Any existing signage will remain substantially as it is at the time of Annexation and shall be maintained by the CITY following the Annexation; and any future monument signage at community entryways will clearly identify the area as Sunset Beach. 2. Addresses and Mail Delivery. Except as set forth below, CITY shall maintain all current street names and addresses in the Sunset Beach Community, and CITY shall actively support the retention of the Sunset Beach zip code and postal delivery and designation for Sunset Beach in place prior to the Annexation. 3. Recognition of Legal Non-Conforming Structures and Uses. CITY shall recognize and approve existing legal non-conforming structures and uses in the Sunset Beach Community, which were permitted and approved by the COUNTY prior to the Annexation. Such uses may be altered, expanded and reconstructed pursuant to the City of Huntington Beach Sunset Beach Specific Plan. 4. 1990 Local Coastal Program ("LCP") Specific Plan Goals, Policies and Standards. Except as set forth below, the CITY shall adopt and maintain the goals, policies and standards of the existing 1990 Sunset Beach Local Coastal Program Specific Plan (the "LCP") for the Sunset Beach Community, as modified with changes discussed and mutually approved in writing by the CITY and the SBCA Transition Committee prior to the submission of CITY's Annexation application to LAFCO. 5. Sunset Beach LCP Sunset Beach Specific Plan and Municipal Code Amendment. CITY agrees, within thirty(30) days following submission of CITY's Annexation application to LAFCO, to initiate the following actions, which shall be completed within a reasonable time but not later than one hundred and eighty(180)days following completion of the Annexation: a. LCP Advisory Board. Amendment of the City of Huntington Beach Municipal Code ("Municipal Code") to retain the Sunset Beach LCP Advisory Board ("Advisory Board") and associated duties. The Advisory Board shall consist of Sunset Beach business owners, property owners and/or residents. b. Greenbelt/Parking Area. Amendment of the Sunset Beach Specific Plan and LCP to provide for retention of the public land use designation for the greenbelt/parking area in the configuration and as it exists on the effective date of this MOU, and -2- 54722 identification of the area as an open space feature for use consistent with that in effect at the time of Annexation, in the CITY's General Plan Recreation and Community Services Elements, .the Municipal Code and the LCP Land Use Plan designation of green space, tot lots, and walking paths. C. Waterway and Beach Encroachments. Amendment of the Municipal Code as appropriate to recognize the LCP regulations for encroachments for waterways and the beach. d. Sunset Beach Parking. Amendment .of the Municipal Code to adopt and enforce a parking and parking permit policy for Sunset Beach, in substantially the same form and content as the existing COUNTY regulations, including provisions for signage, permits and regulations for parking in the right of way in front of garages. The parking permit fees shall remain at the same level as they are on the effective date of this MOU, for a period of at least five (5) years. e. Business Regulations. Amendment of the Municipal Code to prohibit the establishment of marijuana dispensary related businesses, methadone related businesses, and drug and alcohol rehabilitation related businesses in Sunset Beach. f. Priority Use of Sunset Beach Greenbelt/L,inear Park Facilities. CITY shall adopt regulations which give preference in the use of Sunset Beach Greenbelt/Linear Park facilities to the activities of Established Sunset Beach Non-Profit Groups, including, but not limited to, SBCA, Las Damas and the Sunset Beach Women's Club. Permits for use may be required, but any municipal fees for such use shall be waived for Established Sunset Beach Non- Profit Groups. For purposes of this MOU, "Established Sunset Beach Non-Profit Groups" shall be limited to those non-profit associations or groups that have, as of the effective date of this MOU, designated Sunset Beach as their principal place of business or organization. g. Beach flours and Use. CITY agrees to maintain Sunset Beach hours of 6:00 a.m. to 10:00 p.m., seven (7) days a week; restricted use similar to that in effect for Sunset Beach at the time of Annexation, and parking in the Warner public parking lot hours of 7:00 a.in. to 10:00 p.m., seven (7) days a week. h. Short 'Perm Rentals. CITY shall allow short term rentals in the Sunset Beach Community subject to a conditional use permit and coastal development permit as applicable. 6. LAFCO Annexation Proceedings and Conditions of Annexation. CITY shall, pursuant to the Annexation Agreement between CITY and. COUNTY, confirm that the Pacific Coast Highway Southern California Edison ("Edison") Rule 20A Underground Utilities funds will remain under COUNTY jurisdiction, and that COUNTY shall fund and implement the engineering study for the Bayview/Park Avenue Underground Utilities Plan. 7. Completion of Road Work Initiated By COUNTY Prior to Annexation. CITY shall, in the Annexation Agreement between CITY and COUNTY, confirm that street and 54722 r alley repaving projects in the Sunset Beach Community, currently designated and funded by the COUNTY through its Capital Improvement Program are timely completed by COUNTY. 8. Fire Station No. 3. CITY agrees should the Fire Station in the future come under CITY ownership and/or control preference in use of the Fire Station shall be given to Sunset Beach Community groups, activities and residents in according to the rules and regulations recommended by the SBCA for adoption by the CITY. 9. Beach Programs. Recognizing the direct intrusion and invasion of privacy such programs create to the residents of Sunset Beach, CITY agrees not to permit junior lifeguard, surf camp or similar beach programs on Sunset Beach; and shall not extend or enter into an new agreement for any existing Junior Lifeguard Program on Sunset Beach. 10. Prioritization of Sunset Beach Capital Projects and Improvements. CITY shall, with the assistance of the SBCA, prioritize a listing of Sunset Beach Community capital projects, as part of CITY's Capital Improvement Program. CITY shall also actively pursue grant funding opportunities for bridge repair and drainage improvements, such as repair of the Broadway Bridge and resolution of flooding problems on Park/PCH, Bayview Drive, 141h Street and 15"' Street, planting of the medians along the Pacific Coast Highway through Sunset Beach, and other capital improvement needs as determined and recommended by the SBCA. 11. CITY Committee. CITY shall formalize and maintain in effect the Sunset Beach Area Council Commission ("SBACC") as a standing committee of the City Council to meet regularly with the SBCA and the Sunset Beach Community to discuss issues affecting Sunset Beach, including, but not limited to, the following: a. Any proposed changes to Sunset Beach Community identity signage, street names, postal designation or addresses; b. Any proposed zone change or amendment to the CITY's General Plan and Municipal Code affecting Sunset Beach, the Sunset Beach Specific Plan or the LCP for Sunset Beach; C. On an annual basis, make recommendations to the City Council for prioritization and funding of capital projects to benefit the Sunset Beach Community; and d. Any proposed change in municipal services to the Sunset Beach Community, including, without limitation, local sewer service, cable service, and solid waste hauling service. The meetings of the SBACC shall be subject to the provisions of the Brown Act (Government Code §§54950 et seq.). 12. Annexation/Acquisition of Sunset Beach Sanitary District. CITY agrees to recognize the Sunset Beach.Sanitary District as the local sewer provider for the Sunset Beach -4- 54722 IV Q1C Community, and that for a period of at least fifty (50) years CITY shall not initiate annexation and/or acquisition of the Sunset Beach Sanitary District, unless agreed to by the parties. B. SBCA Obligations 1. SBCA shall, through its officers and directors, offer support to the CITY at any LAFCO proceedings in furtherance of the Annexation. 2. SBCA shall, through its officers and directors, be included in the CITY's negotiations with the COUNTY, the California Coastal Commission and the LAFCO, in support of implementation of the terms of this Agreement. 3. SBCA shall, through its officers and directors, assist CITY with the facilitation of a smooth transition during the Annexation process. 4. To the extent CITY is in compliance with all terms and conditions of this MOU, SBCA will-not initiate,promote, or assist with any litigation against the LAFCO or the CITY challenging the validity of the Annexation. IL GENERAL PROVISIONS A. Assignment. Neither party shall encumber, assign, or otherwise transfer this MOU, or any right or interest in this MOU, without the express written consent of the other party. A consent by a party to one assignment or transfer to another person shall not be deemed to be a consent to any subsequent assignment or transfer to another person. Any encumbrance, assignment or transfer without the prior written consent of the other party, whether it be voluntary or involuntary, by operation of law or otherwise, is void and shall, at the option of the other party, terminate this MOU. B. Successors and Assigns. All the terms, covenants and conditions of this MOU shall inure to the benefit of and be binding upon the parties and their successors and assigns. The terms, covenants and conditions of this MOU shall be binding on the officers and directors of SBCA in the performance of their corporate duties, and not as individuals. The provisions of this Section shall not be deemed as a waiver of any of the conditions against assignment hereinbefore set forth. C. Conflict of Interest. SBCA shall employ no CITY official nor any regular CITE' employee in the work to be performed pursuant to this MOU. No officer or employee of CITY shall have any -financial interest in this MOU in violation of any applicable provisions of State Law, including particularly the Political Reform Act (Government Code §§87000 et seq., and 2 Cal. Code ofRegs. §§18700 etseq.). D. Cumulative Remedies. The remedies given to the parties in this MOU shall not be exclusive,but shall be cumulative and in addition to all remedies now or hereafter allowed by law or elsewhere provided in this MOU. -5 54722 E. Waiver of Breach. The waiver by one party of any breach by the other party of any of the provisions of this MOU, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such breach or a waiver of any subsequent breach either of the same or another provision of this MOU. F. Force Maieure — Unavoidable Delay. Should the performance of any act required by this MOU to be performed by either CITY or SBCA be prevented or delayed by reason of an act of God, strike, lockout, labor dispute, inability to secure materials, restrictive governmental laws or regulations, or any other cause (except financial inability) not the fault of the party required to perform the act, the time for performance shall be extended, but not released, for an equivalent term of the unavoidable delay. G. Ability to Perform. Each party represents and warrants to the other party that it has the ability to carry out the obligations assumed and promised hereunder, and is not presently aware of any pending event or legal constraint which would, or could, hamper, hinder, delay or prevent its timely performance of such obligations. H. Further Acts and Amendments. Each party to this MOU agrees to perform all further acts and execute all further documents necessary to carry out the intent and purposes of this MOU. I. Notice. Any written notice given under the terms of this MOU shall be either delivered personally or mailed certified mail, postage prepaid, addressed to the party concerned, as follows: CITY: SBCA: City of Huntington Beach Sunset Beach Community Association 2000 Main Street P.O. Box 215 P.O. Box 190 Sunset Beach, CA 90742 Huntington Beach, CA 92648 If a party desires to change the address for notice set forth herein, said party will provide 30 days' advance written notice to the other party of any such change. J. Attorneys' Fees. In the event of any litigation to enforce the terms and provisions of this MOU, each party shall bear its own costs and attorneys' fees, and the prevailing party shall not be entitled to an award of attorneys' fees against the non-prevailing party unless the court determines as a matter of law that the prevailing party is entitled to an award of attorneys' fees pursuant to the provisions of Code of Civil Procedure §1021.5 or other equitable benefit attorneys' fees provision. K. Controthny_ Law and Venue. The rights and liabilities of the parties, and the interpretation and construction of this MOU, shall be determined in accordance with the laws of the State of California. Any controversy arising out of or under this MOU, if litigated, shall be adjudicated in a court of competent jurisdiction in Orange County, California. -6- 54722 � � 6 orC r L. Section Headinp_s. The captions, subject, section and paragraph headings in the MOU are included for convenience and reference only. They do not form a part hereof, and do not in any way modify, interpret or reflect the intent of the parties. Said headings shall not be used to construe, limit or interpret any provision of this MOU. M. Time of the Essence. Time is of the essence with respect to all provisions of this MOU in which a definite time for performance is specified, including,but not limited to, the expiration of this MOU. N. Non-Liability of City Officials, Employees and AV_ents. No elective or appointed CITY or CITY affiliated board, commission or member thereof, or officer, employee or agent of CITY shall be personally liable to SBCA, its successors and assigns, for any default or breach by CITY under this MOU, or for any amount which may become due to SBCA, its successors and assigns, under this MOU or for any obligation of CITY under this MOU. O. Non-Liability of SBCA Officers or Directors. No officer or director of SBCA shall be personally liable to the CITY, its successors and assigns, for any default or breach by SBCA under this MOU, or for any amount which may become due to CITY, its successors and assigns, under this MOU or for any obligation of SBCA under this MOU. P. Entire Agreement. This MOU contains and embraces the entire agreement between the parties hereto and neither it nor any part of it may be changed, altered, modified, limited or extended orally or by any other agreement between the parties unless such agreement be expressed in writing, signed and acknowledged by CITY and SBCA or their successors in interest. Q. Severability. Each provision of this MOU is separate, distinct, and severable from the others. If any provision is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this MOU shall remain in full force and effect, unimpaired by the holding, so long as the reasonable expectations of the parties hereto are not materially impaired. R. Counterparts. This MOU may be executed in any number of counterparts, each of which shall be deemed one and the same instrument. S. Effective Date. The effective date of this MOU is the last date upon which it is executed by all parties. IN WITNESS WHEREOF, the parties hereto have caused this MOU to be executed by and through their authorized representatives,on 1 1&e7n6W-0,, 2010. -7- 54722 3-o"C e SUNSET BEACH COMMUNITY CITY OF HUNTINGTON BEACH, a ASSOCIATION, a California nonprofit California municipal corporation public benefit corporation By: By: President 4CathgyGr6n , Mayor By: Secretary/CFO an L. Fl nn i Clerk APPROVED AS TO FORM: J7 nni fer McGrath-, City ttorne INITI TED REVIEWED AND APPROVED: O City Administrator Fred Wilson The foregoing instrument is a ccwred copy of the wigiraa,i on fiiP in this . Attest '`� 0`7-�--® 20_ a'_6jg city �I�rixra� -caff6i�x �rBt of the CRY council of ths, pity Of Huntington Beach, califor °x, -8- pat�' � � vF Exhibit #2 RESOLUTION No. 2010-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, MAKING APPLICATION TO AND REQUESTING THE LOCAL AGENCY FORMATION COMMISSION OF ORANGE COUNTY TO TAKE PROCEEDINGS PURSUANT TO THE CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 FOR THE CITY OF HUNTINGTON BEACH TO ANNEX APPROXIMATELY 134 ACRES OF PROPERTY WITHIN ITS SPHERE OF INFLUENCE, AND FILE ANNEXATION NO.IA 10-05 (SUNSET BEACH ANNEXATION TO THE CITY OF HUNTINGTON BEACH) The City of Huntington Beach(`City")desires to initiate proceedings pursuant to the Cortese-Knox-Hertzberg Local Reorganization Act of 2000, Division 3, commencing with Section 56000 of the Government Code, for the annexation of unincorporated territory to the City; and The City will file an application with the Local Agency Formation Commission to annex an unincorporated territory referred to as Sunset Beach as set forth in Exhibit 1, attached hereto and by this reference incorporated herein; and The proposed annexation area is within the City's Sphere of Influence and is included in the City's General Plan as Residential High Density,Visitor Serving Commercial, Public, Open Space-Water Recreation, and Opens Space-Shoreline-, and The proposed annexation is subject to the following terms and conditions: the annexation shall be consistent with Government Code Sections 56668 and 56375.3and other applicable laws existing as of the date of the filing of this Resolution; and The reasons for this proposed annexation are as follows: to increase the economy and efficiency of government services as well as coordination of urban planning efforts and enhancement of community identity; and The Sunset Beach Community Association("SBCA")has met and developed a Memorandum of Understanding to clarify the future respective obligations of the City and SBCA during and following the annexation process; and A Public Hearing was held by the Planning.Commission on September 28, 2010, and by the City Council on October 18, 2010, to amend the Land Use Element of the General Plan for reclassification of zone designations. Notices were mailed to all property owners within a radius of 300 feet from the boundaries within the proposed annexation areas; NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Huntington Beach, does hereby approve the Resolution of Application for Annexation 55303 1 � ofy' Resol uti q-r'- �o. 2010-100 No. IA 10-05 (Sunset Beach Annexation to the City of Huntington Beach), and requests the Local Agency Formation Commission of Orange County take proceedings for the annexation of territory to the City, as shown in Exhibit 1, attached hereto and incorporated herein by this reference, according to the terms and conditions stated above and in the manner provided by the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 5th day of December , 20_10_. Ma4 or INITIAT VIEWED, AND APPROVED:�APROVED AS TO FORM: Nil City min trator C-Slily Attorneyt 16 55303 2 t Reso7 uti ore->No. 2010-100 Exhibit ic (Legal Description) 3 OF 9 Resolution No.r)10-100 PROPOSED "SUNSET BEACH ANNEXATION (AN 10-__)" That portion of fractional Section 24, Township 5 South,Range 12 West, and those portions of fractional Sections 19 and 30,Township 5 South,Range 1 I West, of the San Bernardino Meridian, in the County of Orange, State of California according to the official plat of said land filed in the District Land Office described as follows: Beginning at the northerly terminus of that certain course in the boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No. 920 of said city shown as having a bearing and distance of"South 21°43' 12" West,249.38 feet", said northerly terminus also being the most easterly corner of Tract No. 21 as per map recorded in Book 9, Page 22 of Miscellaneous Maps, in the office of the County Recorder of said County; thence along said City Boundary Line the following courses: Course 1: South 21°43' 12" West a distance of 249.38 feet, Course 2: South 07°56'07" West a distance of 53.74 feet to a point being in a curve concave to the northeast having a radius of 2940 feet; a radial line of said curve from said point bears North 44'12'36" East, Course 3: Southeasterly a distance of 63.71 feet along last mentioned curve through a central angle of 01'14'30", Course 4: South 47'01'54" East a distance of 27929 feet to the beginning of a tangent curve concave to the southwest having a radius of 3060 feet, Course 5: Southeasterly a distance of 195.23 feet along said last mentioned curve.through a central angle of 03°39'20", Course 6: South 43°22'34" East a distance of 1599.82 feet to the beginning of a tangent curve concave to the southwest having a radius of 3050 feet, Course 7: Southeasterly a distance of 183.58 feet along said last mentioned curve through a central angle of 03°2655", to a point on a line parallel with and 30.00 feet southerly, measured at right angles, from the centerline of Los Patos Avenue(Warner Avenue) as said centerline is shown on a map filed in Book 53,Page 40 of Records of Survey in the office of said County Recorder, said point being the most southwesterly corner in the boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No. 3489 of said city; thence leaving said city boundary, Course 8: South 89°51'53" West a distance of 377.41 feet along said parallel line to a point in the boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No. 1126 of said city, said point also being southeasterly along said City Boundary line 40.61 feet from the northwesterly terminus of that certain course shown as having a bearing and distance of"North 42'28'13" West, 1816.06 feet"; thence along said City Boundary Line, �, of y Resolutioq No. 2010-100 PROPOSED "SUNSET BEACH ANNEXATION(AN 10-__)" Course 9: North 43°23'54" West a distance of 40.61 feet, Course 10: South 89°51'53" West a distance of 291.59 feet, Course 11: South 49°10'33" West a distance of 344.56 feet to a point in the Mean High Tide Line of the Pacific Ocean as shown on Record of Survey 2010-1097 recorded in Book 241, Page 3 in the office of the County Recorder of said County,said point also being the southeasterly terminus of that certain course shown as having a bearing and distance of"North 41°43'52" West, 388.69 feet";thence along said Mean High Tide Line the following courses: Course 12: North 42'3849" West a distance of 388.69 feet, Course 13: North 44'46'59" West a distance of 1085.55 feet, Course 14: North 44'33'21" West a distance of 1283.71 feet, Course 15: North 43'44'38" West a distance of 1709.89 feet, Course 16: North 41°23'09" West a distance of 968.62 feet, Course 17: North 47'20'53" West a distance of 703.78 feet to a point in the southeasterly City Boundary Line of the City of Seat Beach, County of Orange, State of California, said boundary having been established as Annexation No.76-1 to said city, said point also being distant southwesterly along said City Boundary line 368.70 feet from the easterly corner of said Annexation No. 76-1;thence leaving said Mean High Tide Line and along said City Boundary Line, Course 18: North 49'35'36" East a distance of 368.70 feet to the most easterly corner of said Annexation No. 76-1, said corner also being the most southerly corner in said city boundary established as Annexation No. 67-1 to said city; thence along said City Boundary Line, Course 19: North 49°35'36" East a distance of 511.00 feet to the most westerly corner in the boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No. 919 of said city, said corner being in a curve concave to the southwest having a radius of 1060 feet, a radial line of said curve from said point bears South 25°58'14" West(South 26°05'34" West per said Ordinance No. 919); thence along said City Boundary Line the following courses: Course 20: Southeasterly a distance of 380.17 feet along said last mentioned curve through a central angle of 20a3258", -2 - f � J-OF Resolution No• 2010-100 PROPOSED "SUNSET BEACH ANNEXATION(AN 10-__) Course 21: South 43°28'48" East a distance of 389.02 feet to the beginning of a tangent curve concave to the southwest having a radius of 1060 feet, Course 22: Southeasterly a distance of 341.40 feet along said last mentioned curve through a central angle of 18'27'12", Course 23: South 25'01'36" East a distance of 63.84 feet to the beginning of a tangent curve concave to the northeast having a radius of 940 feet, Course 24: Southeasterly a distance of 117.68 feet along said last mentioned curve through a central angle of 079023", Course 25: South 3291'59" East a distance of 35.23 feet to the beginning of a tangent curve concave to the northeast having a radius of 940 feet, Course 26: Southeasterly a distance of 186,20 feet along said last mentioned curve through a central angle of 11°20'58", Course 27: South 43°32'57" East a distance of 563.44 feet along to the beginning of a tangent curve concave to the northeast having a radius of 940 feet, Course 28: Southeasterly a distance of 136.93 feel along said last mentioned curve through a central angle of 08°20'46", Course 29: South 51°53'43" East a distance of 179.28 feet to the most southerly corner of said Ordinance No. 919 of said city, Course 30:North 46'31'47" East a distance of 323.43 feet to the most easterly corner of said Ordinance No. 919 of said city, said corner also being a point along that certain course in the southwesterly boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No. 800 of said city, a distance of 1008.96 feet from the northwesterly terminus of that certain course shown as having a bearing and distance of "North 42'45'00" West, 2727.12 feet";thence along said City Boundary Line, Course 31: South 42°28'34"East a distance of 980.00 feet to the most northerly corner in the boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No_ 1089 of said city;thence along said City Boundary Line, Course 32: South 46°45' 11" West a distance of 55.00 feet, Course 33: South 43°14'49" East a distance of 375.00 feet, Course 34:North 46'45'11" East a distance of 15.00 feet, Course 35: South 43'14'49" East a distance of 111.77 feet, - 3 - Resolution--Np. 2010-100 PROPOSED "SUNSET BEACH ANNEXATION (AN 10-_)" Course 36: North 75°46'26" East a distance of 33.80 feet along said City Boundary Line to an intersection with that certain course in the southwesterly boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No. 800 of said city,said intersection also being northwesterly along said southwesterly boundary 261.60 feet from the southeasterly terminus of that,certain course shown as having a bearing and distance of"North 42'45'00" West and a length of 2727.12 feet";thence along said City Boundary Line, Course 37: South 42°28'34"-East a distance of 261.60 feet, Course 38: South 47'13'34" East a distance of 35.00 feet to the Point of Beginning. Containing an area of 133.88 acres, more or less. Attached hereto and made a part hereof is a map designated as EXHIBIT B. SURVEYOR'S CERTIFICATE This proposal was prepared by me or under my supervision. tAND Jeremy L. vans, PLS 5282 Date: Expires: December 31, 2011 OF CRL,�� This proposal does meet the approval of the Orange County Surveyor's Office_ Dated this day of 201_ By: Raymond L_ Mathe, County Surveyor PLS 6185, Expiration Date: March 31, 2012 - 4 - Proposed "Sunset Beach Annexation " (AN 10--__) ¢ TIT�� � ASSES A�RS PAR(' . 1da_lae'...e fae'i s� \\ In.lwron Nn.n l ,..I T] .�J.L r'•���••!••'.•• y"+w Ml1Y OrN aOa All ® .1 NNa Ia tlNW aIM"M11e Mwaa y _�"� p I I A /• 1.1 { INI I •1 - 40 u. 1. N=A . ® C•�- r I nr«» .JjLL1,.�.tt.6.4.LJ..I U.LT.I.,t-1,1..J I B. .F ® I16V Itdp tlleN' / rAav lwr wrwr 1 1 raw atlllawAr `I I�'T 1• , f »a ANNC%Na 6T•i 1 Ir IC 1 EL.W.l.�J IL.LL1J.t�11LLl.I.LlJ1�f•,I„(•„J„j_jl�. 11� .l1JJJI�c1.LJ.�14..IJ.1J..l,i' I, 1 I I• , .y t. B I. , i.u✓'7 N. •, ,as nr7aad r wd1 1. Dow 0 city of 110 eam MEND ANNt%No,16.1 ® 0 - 08 Max d IA.M/wmd taW - 4.4 \ WM w r+A.Mrl at Nr A a,4101 tl tll�tar,Atl aiA w ., t1'N Mp1Y OF gA 6tAa P .aeki �dt1 VOCAL v P� Ow I A —--—^--- City of HellnotoA Blau Oa0 Na,tOAB 1 "'� Clly e1 NuntM6len BIeaA City of Wolin ton Bwah nr a.A.,�n..,ii,m fro ORO Na B00 Rt8 No,3N6 I . BEARINO/DELTA RADIUS I LENGTH BEARINO/DELTA I RAWUB LENGTH I AI'vi v :MW 16 N'Bw low imir - 1 ® m .. � I r �,r�,p Clly af�N0u Na9020 B�oah L r 1 1 atmvY v a61r' h 4M4r Nl.a' N 1 4114W Bly U?y U 1mr low' 6ALN �I q I , �1 I�,...,�..,.... wMawNIWIY � t `/��•• ...� O_ A 1/7IM14 t %7w .U p t M B q iLN' go 1 Q%w mw twx IN 6T0'f0' 1a' Nr.N' "LL I .a {l B—� 1 t {1nM,L'WM©l � Ct1 — Ly I ci 1 {U=f'N't INllf B .1AU' ��..�.. ,�..— Maw" olw Y1wr'�•f'ri —+. 1 0311w toed ta1.1/' t1 11'a'W 1N' Imm - Y (�7�'Tp O 1 MI^ 311m, 0 RN r IA+,Ir' GGy4}} L1W,L1tW11.1�t1.111�J.J1�t l R IL11.l.Wt� 1 r•anrArww—........_....-...__. ... 1 all' B a1TY40• IAy - IB.a' to aa11 r Bd1' B M q yaB' RERRENCE It (1 ,q M N q ,T () KitOAo.M.Ilf1 TO ov - City of HNnllhoten Booth -St. NulllNCTO1/cal ORD No,1126 N It "„' 7{llr JI B .t I/aoo' (I a N1�11n0rota iupa so m att - O ® �( F� V IaNT g1oN t M.,lit to 0" IBB.N' Y tl Ar7� yM.ey {())RCOAD 7 AMK+a.V-1 a te•I to Ott 1i M 4VW4t v 170f,a' N M N ,r 1 laco' or SIA4 ILAa1t rW na rAM PArI Mr.u,q M+A Ma,ar,rtl NA O u " Na{r u { q nuyr I(B Atom ten ne folo-lat,Aaa.�p ?PU - p to )"Ill, i 1 AAla,, - � � mar. --......-------•.... --�,..i...,� A a w 1.nr a aua tlr tlrtlrNN• e r L leh. G-,lu'm A omlr nao POM CanhwS A l+eo AAfe fR 111./1 AGAR./; CITY OF HUNTINGTON RACH / RIGHT OF WAY ENGINEERING Proposed "Sunset Beach Annexation" (AN 10--_) • 1.liy+ln, ,tAWT I.L N o%m AA A,tlAMa WUx 31 H ,t,/,lflo OAtti IwAAa�r eAl�a otmtaOo - al+h Poll Ce11A�O11 6.m NAA�1 ,701f AaFRAatD - DNtC"FD 9CA1L OAtt A0.A, P.O. 1'•(06' ay66/t010 Res. No. 2010-100 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on December 6, 2010 by the following vote: AYES: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, Hansen NOES: None ABSENT: None ABSTAIN: None Ira 16 Clerk and ex-offici Clerk of the s foregoing Instrumard ki v,WOW City Council of the City of copy of thr,odglnmm on giia in this office. O-/ 20_ Huntington Beach, California Attest city ci rk � m; f +=� oiark of the City council of th'9 city ngton S®=`�, c�iifr , ley ��F �- 9